 | 1940 - 1626 pages
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 | 1952 - 1504 pages
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 | 1944 - 1580 pages
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 | 1912 - 968 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...estoppel of a judgment rendered upon one cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original... | |
 | Gus M. Hodges - 1966 - 990 pages
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 | 1942 - 968 pages
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 | 1966 - 1088 pages
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 | Mississippi. Supreme Court - 1900 - 1112 pages
...different claim or demand, and is between the same parties, the former judgment is, it is true, conclusive only as to those matters in issue, or points controverted,...determination of which the finding or verdict was actually based; but it is conclusive as to them. 1 Greenleaf Evidence, sees. 523, ."):]4, 535, note... | |
 | 1961 - 1018 pages
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 | Mississippi. Supreme Court - 1882 - 790 pages
...defence was not made at law, and it was not one which would defeat the recovery. Under such circumstances judgment in the prior action operates as an estoppel only as to those matters in issue and points controverted, and not upon those which might have been presented and were not. Comwell \.... | |
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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... 
