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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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American Jurisprudence: A Comprehensive Text Statement of ..., Volume 30

1936 - 1176 pages
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Pacific Reporter: Second series, Volume 354

1960 - 1166 pages
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United States Code Annotated, Volume 28

United States - 1960 - 1010 pages
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The Southeastern Reporter

1960 - 964 pages
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American law reports annotated, Volume 128

1940 - 1558 pages
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Decisions of the United States Department of the Interior

United States. Department of the Interior - 1980 - 984 pages
...action operates as an estoppel, not as to matters which might have been litigated and determined, but "only as to those matters in issue or points controverted,...determination of which the finding or verdict was rendered." (Citations omitted.) Commissioner v. Sunnen, 333 US 591,597-598(1948). Thus, in the rule applied by...
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United States Code Annotated, Volume 15, Issues 15-77

United States - 1963 - 2192 pages
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 372

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1963 - 972 pages
...him with draft evasion for that period as well as for the period preceding that date. It is true that "as to those matters in issue or points controverted,...determination of which the finding or verdict was rendered," Cromwell v. County of Sac, 94 US 351, 353, the findings in a prior criminal proceeding may estop a...
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Reports of the Tax Court of the United States, Volume 38

United States. Tax Court - 1963 - 1096 pages
...an estoppel, not as to matters which might have been litigated and determined, but "only as to these matters In Issue or points controverted, upon the...determination of which the finding or verdict was rendered." • • • Once a party has fought out a matter In litigation with the, other party, he cannot later...
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The Federal Reporter

1964 - 1108 pages
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