 | 1888 - 1450 pages
...is "the one now bcfoje us, ye held, following numerous decisions to thaFeffect, th"atThe""juclgment in the prior action operates as an estoppel only as to those matters th' Issue, or ¿mats conlrovertal, upon the determination! Of jVTncTr^ the finding or verdict was rendered-.... | |
 | District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - 1884 - 628 pages
...second action between the same parties is upon a different claim or demand, the judgment in the pridr action operates as an estoppel only as to those matters...different cause of action, the inquiry must always he as to the point or question actually litigated and determined in the original action, not what might... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - 1884 - 728 pages
...remanded. Reversed and remanded. HENRY VOGE ET AL. v. CHARLES F. BREED ET AL. 1. ESTOPPEL BY JUDGMENT.— Where it is sought to apply the estoppel of a judgment...rendered upon one cause of action to matters arising in u suit upon a different cause of action, the inquiry must always be as to the point or question actually... | |
 | 1913 - 1236 pages
...to be that, when the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters In issue upon the determination of which the Unding was made or the judgment rendered, and does not extend to... | |
 | United States. Congress. Senate - 1884 - 1042 pages
...parties where a different state of facts may be shown. The rule of law is: In all cases, therefore, when it is sought to apply the estoppel of a judgment rendered upon one cause of actiou to matters arising in a suit upon a different cause of action, the inquiry must always be as... | |
 | 1920 - 1058 pages
...VERDICT WAS RENDERED. Where prior action between same parties was on a different demand, the judgment operates as an estoppel only as to those matters in issue or points controverted on the determination of which a finding or verdict was rendered. 11. JUDGMENT <S=95G(1) — PRESUMPTIVELY... | |
 | 1915 - 1200 pages
...is that where tlie second action between the sume parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those mutters in issue, or points controverted, upon tlie determination of which the judgment was rendered,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1885 - 786 pages
...Bassett, 34 Barb. 31; In re Ooodfellow, 3 Nat. Bank. Reg. 452; In re Patterson, 1 Ben. 508, 517.) The judgment in the prior action operates as an estoppel...determination of which the finding or verdict was rendered. {Ductless of Kingston's Case, fully reported, 20 How. St. Trials, 355 ; Smith's Leading Cases; Chapman... | |
 | 1907 - 1166 pages
...« * But where the second action between the same parties is upon a different claim or demand, the judgment In the prior action operates as an estoppel...determination of which the finding or verdict was rendered. * * * Only upon such matters Is the judgment conclusive in another action." In the former case mentioned... | |
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But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or... 
