 | West Virginia. Supreme Court of Appeals - 1902 - 832 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." "There is nothing in this language, applied to the facts of the case, which gives support to the doctrine... | |
 | United States. Supreme Court - 1902 - 1264 pages
...429. Where, as in this case, the second action is based upon a different claim or demand, the decree in the prior action operates as an estoppel only as to those matters in issue or the point controverted, upon the determination of which the finding or judgment was rendered. Southern... | |
 | 1903 - 1256 pages
...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,... | |
 | Abraham Clark Freeman - 1903 - 1072 pages
...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... | |
 | Ohio. Circuit Court - 1904 - 658 pages
...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... | |
 | Byron Kosciusko Elliott, William Frederick Elliott - 1904 - 1150 pages
...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... | |
 | 1905 - 1048 pages
...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... | |
 | United States. Supreme Court - 1906 - 1434 pages
...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... | |
 | Thomas Johnson Michie - 1906 - 868 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 ren-' dered." Biern v. Ray, 49 W. Va. 129, 38 SE 530, distinguishing and explaining Sayre v. Harpold,... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1906 - 820 pages
...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... | |
| |
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... 
