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" ... the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. "
Lawyers' Reports Annotated - Side 361
1893
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United States Reports: Cases Adjudged in the Supreme Court, Volum 345

United States. Supreme Court - 1953 - 874 sider
...In a subsequent action between the same parties on a different claim, a judgment is conclusive only as to the point or question actually litigated and determined in the original action, not as to what might have been litigated and determined. Pp. 504-505. (b) The decisions entered by the...
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Reports of Civil and Criminal Cases Decided by the Court ..., Volum 40;Volum 147

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 966 sider
...where it is sought to apply the estoppel of a judgment upon one cause of action to matters arising upon a suit upon a different cause of action, the inquiry must always be to the point or question actually litigated and determined in the original action, not what might have...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volum 51

New Jersey. Court of Chancery - 1894 - 722 sider
...finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to...what might have been thus litigated and determined, for it is only upon such matters as were actually litigated and determined that the judgment is conclusive."...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volum 55

New Jersey. Court of Chancery - 1898 - 924 sider
...rendered. In all cases, therefore, when it is sought to apply the estoppel of a judgment in one case to matters arising in a suit upon a different cause...determined in the original action, not what might have been litigated or determined." In accordance with this view, it had been held in Steam Packet Company v....
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volum 82

New Jersey. Court of Chancery - 1914 - 768 sider
...finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must always be as to the point or question actually litigated...
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Cases Decided in the Court of Claims of the United States, Volum 90

United States. Court of Claims - 1940 - 760 sider
...finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a Opinion of the Court different cause of action, the inquiry must always be as to the point or question...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1931 - 660 sider
...therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action as to matters arising In a suit upon a different cause...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. See also Nesbit v. Riverside Independent...
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Reports of Cases Argued and Determined in the District Courts of ..., Volum 10

Robert Dewey Benedict, Benjamin Lincoln Benedict - 1882 - 776 sider
...(Cromwell v. County of Sac, 94 U. 8. 352) : " In all cases where it is sought to apply the estoppel of a judgment rendered upon one cause of action to...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true that the claim...
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The National Bankruptcy Register Reports: Containing All the ..., Volum 18

William A. Shinn - 1879 - 636 sider
...Fickl (Cromwell v. County of Sac, 94 US, 352) : " In all cases where it is sought to apply the estoppel of a judgment rendered upon one cause of action to...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true the claim...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumer 25-26

1886 - 1942 sider
...finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. * * * It is not believed that...
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