to any other admissible matter which might have been offered for that purpose. 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... The American Law Register - Side 7631877Uten tilgangsbegrensning - Om denne boken
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1982 - 1192 sider
...2d 280, 282 (1963), quoting Kemp v. Miller, 166 Va. 661, 674-675, 186 SE 99, 104 (1936). 9 However, "the judgment in the prior action operates as an estoppel...determination of which the finding or verdict was rendered." Ibid. Unless an issue was actually litigated and determined in the former judicial proceeding, Virginia... | |
| United States. Supreme Court - 1953 - 874 sider
...of Sac, 94 US 351, 352-353. A judgment is an absolute bar to a subsequent action on the same claim. "But where the second action between the same parties is upon a different claim or demand, the *The stipulation for the" year 1933, which is typical, reads as follows: "It is hereby stipulated that... | |
| United States. Supreme Court - 1944 - 926 sider
...as to every matter which was offered and received to sustain or defeat the claim or demand, [and] as to any other admissible matter which might have been offered for that purpose." Rio Bravo Oil Co. v. Hebert, 130 Tex. 1, 8, 9, 106 SW 2d 242, 246. The opinion of Section A of the... | |
| 1877 - 558 sider
...as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been...determination of which the finding or verdict was rendered. In this cose, which was an action against a county in Iowa upon certain interest coupons originally attached... | |
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1885 - 786 sider
...v. Bassett, 34 Barb. 31; In re Ooodfellow, 3 Nat. Bank. Reg. 452; In re Patterson, 1 Ben. 508, 517.) The judgment in the prior action operates as an estoppel...determination of which the finding or verdict was rendered. {Ductless of Kingston's Case, fully reported, 20 How. St. Trials, 355 ; Smith's Leading Cases; Chapman... | |
| Abraham Clark Freeman - 1890 - 1014 sider
...as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose": Aurora City v. Wirt, 7 Wall. 82; People v. Board of Supervisors, 27 Cal. 655; Durant v. Essex, 7 Wall.... | |
| Abraham Clark Freeman - 1892 - 1038 sider
...but as to any other admissible matter which might have been offered for thut purpose. .... But when the second action between the same parties is upon...determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel ef a judgment rendered upon one cause... | |
| Franklin Hubbell Mackey, District of Columbia. Supreme Court - 1883 - 636 sider
...examining this question in the case of Cromwell vs. County of Sac, 94 US, 353, the Supreme Court says : " But where the second action between the same parties...determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause... | |
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