| 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... | |
| 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... | |
| 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,... | |
| 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.... | |
| 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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