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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 Northwestern Reporter, Volume 92

1903
...have been offered for that purpose. But where the second action Is upon a different claim or demand, a Judgment In the prior action operates as an estoppel only as to those matters In issue upon the determination of which the finding or verdict was rendered." WUch v. Phelps, 16 Neb. 515,...
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The American State Reports: Containing the Cases of General Value ..., Volume 95

Abraham Clark Freeman - 1903
...68 Pac. 739. When a second action between the Fame parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those issues upon the determination of which the finding or judgment is rendered, and does not extend to...
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Ohio Circuit Court Reports: New Series, Volume 2

Ohio. Circuit Court - 1904
...is upon a different claim or demand, the judgment in the prior action operates as an estoppel only to those matters in issue or points controverted,...determination of which the finding or verdict was rendered." Trout v. Marvin. [Vol. II, NS The object of this action is to charge the defendant and his property...
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A Treatise on the Law of Evidence: Instruments of evidence

Byron Kosciusko Elliott, William Frederick Elliott - 1904
...the second action relates to a different subject matter, amd is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to such matters in issue or controverted points as were therein actually determined ; and in the latter...
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Lawyers' Reports Annotated, Book 18

1905
...v. Brown, 94 U. 8. 423, 24 L. ed. 204; Ruenetl v. Place, 94 U. 8. 606, 24 L. ed. 214. In all cases -where it is sought to apply the estoppel of a judgment rendered upou one cause of action to matters arising in a suit upon a different cause of action, the inquiry...
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United States Supreme Court Reports, Volume 50; Volumes 199-202

United States. Supreme Court - 1906
...Rep. 475. 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...therefore, where it is sought to apply the estoppel o'fa judgment rendered upon one cause of action to matters arising in a suit upon a different cause...
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The Encyclopedic Digest of Virginia and West Virginia Reports ..., Volume 6

Thomas Johnson Michie - 1906
...* * * 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 ren-' dered." Biern v. Ray, 49 W. Va. 129, 38 SE 530, distinguishing and explaining Sayre v. Harpold,...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 124

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1906
...held, following numerous decisions to that effect, that the judgment in the prior action ',j>erates as an estoppel only as to those matters in issue,...determination of which the finding or verdict was rendered. The inquiry in such case,' therefore, we said, must always be as to the point or question actually...
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The Southeastern Reporter, Volume 53

1906
...that case, 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...those matters in issue or points controverted upon the uetermination of which the finding or verdict was rendered. * * * In the case of Davenport v. Chicago...
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Report of French-Venezuelan Mixed Claims Commission of 1902

French-Venezuelan Mixed Claims Commission, Jackson Harvey Ralston - 1906 - 471 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 only as to those matters in issue ov points controverted, upon the determination of which the finding or verdict was rendered. In all...
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