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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 455
by United States. Supreme Court - 1953
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The American and English Encyclopedia of Law, Volume 21

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893 - 1116 pages
...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...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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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 32

South Dakota. Supreme Court - 1914 - 748 pages
...judgment. From a judgment for plaintiff, defendants appeal. Affirmed. Grant & lillis, for Appellants. Where it is sought to apply the estoppel of a judgment...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...
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The American and English Encyclopedia of Law, Volume 21

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893 - 1126 pages
...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 - 790 pages
...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, Volume 158

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1895 - 778 pages
...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 - 784 pages
...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 - 1919 - 750 pages
...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 - 784 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 - 810 pages
...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, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1897 - 808 pages
...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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