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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... "
United States Reports: Cases Adjudged in the Supreme Court - Page 459
by United States. Supreme Court - 1953
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The American and English Encyclopedia of Law, Volume 21

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1893
...is upon a different claim or demand, the judgment in the prior action operates as an estoppel onlv as to those matters in issue, or points controverted,...verdict was rendered. In all cases, therefore, where it own proper purpose and object, and no further. The judgment in trespass affirms a right of possession...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Volume 48

Missouri. Courts of Appeals - 1893
...for that purpose. But where the second action between the same parties is upon a different claim the judgment in the prior action operates as an estoppel only as to those matters in the issue upon the determination of which the verdict was rendered. ' Dickey v. Seim, 114. 2. EXTENSION...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 158

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1895
...whatever. " 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...the finding or verdict was rendered. In all cases, therefore,where it is sought to apply the estoppel of a judgment rendered upon one cause of action...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1895
...case, which la the one now before us, we-hcld, following numerous decisions to that effect, that the judgment in the prior action operates as an estoppel...to those matters in issue, or points controverted, npon the determination of which the finding or verdict was rendered. The inquiry in such case, therefore,...
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Reports of Cases Argued and Determined in Ohio Courts of Record ..., Volume 27

William John Tossell, Ohio. Superior Courts - 1919
...where the second action between the parties and their privies is upon a different claim or demand, the judgment in the prior action operates as an estoppel only, as to matters in issue or points controverted, upon the determination of which the finding was rendered....
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The Law of Evidence in Civil Cases, Volume 2

Burr W. Jones - 1896 - 2198 pages
...facts which might have been proven. But where the second action is founded on a diferent claim, the judgment in the prior action operates as an estoppel...determination of which the finding or verdict was rendered. In such cases, the inquiry must be as to the point or question actually litigated in the original action,...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 167

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1897
...353) : " 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...of a judgment rendered upon one cause of action to the matters arising in a suit upon a different cause of action, the inquiry must always be as to the...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 167

United States. Supreme Court - 1897
...353) : " 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...of a judgment rendered upon one cause of action to the matters arising in a suit upon a different cause of action, the inquiry must always be as to the...
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United States Courts of Appeals Reports: Cases Adjudged in the ..., Volume 12

1895
...says : " 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." And in Outram v. Morewood, 3 East, 346, the rule is thus stated : " It is not the recovery, but the...
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The American State Reports: Containing the Cases of General Value ..., Volume 66

Abraham Clark Freeman - 1899
...purpose 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...or points controverted, upon the determination of whicli the finding or verdict was rendered." In considering this case in the light of that rule, we...
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