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" This defense sets up a judgment of nonsuit in a former action between the same parties, and for the same cause of action, in bar of this suit. "
A Treatise on the Common Law, in Relation to Water Courses: Intended More ... - Side 222
av Joseph Kinnicut Angell - 1824 - 350 sider
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Volum 2

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - 1819 - 890 sider
...wharf, and between them ~~~~~ was situate Potter's Ditch, which connected Channel Sea VOOGHT agaiwt River with the Water-works river, which last again...insisted at the trial that that verdict was conclusive evidence against the plaintiffs, and that it operated as an estoppel. The learned Judge received it...
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The American Jurist and Law Magazine, Volum 9;Volum 27

1843 - 506 sider
...balance of the advantages and disadvantages of that proceeding. Ib. JUDGMENT. (Same parties.) A judgment in a former action, between the same parties and for the same cause of action, is admissible in evidence under the general issue. French v. Neal, 24 Pick. 55. 2. (Same.) If, in an...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Volum 3

Asa Kinne - 1853 - 538 sider
...court. — Sampson v. Tht Commonwealth, 5 Watts Sf Sergeant's R., 385. (1844.) JUDGMENT. A judgment in a former action between the same parties and for the same cause of action is admissible in evidence, under the general issue. —French v. JVW, 2i Pickering's Rep., 55. (1842.)...
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Reports of Cases Argued and Determined in the Supreme Judicial Court of the ...

Massachusetts. Supreme Judicial Court - 1864 - 1154 sider
...the note from the files in order to use it as evidence in support of his second action. A judgment in a former action between the same parties and for the same cause of action, is admissible in evidence under the general issue. If, in an action brought againpt one of two joint...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 50

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1881 - 764 sider
...overruling a demurrer to the second defense stated in the answer. This defense sets up a judgment of nonsuit in a former action between the same parties, and for the same cause of action, in bar of this suit. The statement in the answer of the proceedings in the former action, any further...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volum 11

1881 - 676 sider
...the second defense stated in the answer. Vol. 11.—No. 8. This defense sets up a judgment of nonsuit in a former action between the same parties and for the same cause of action in bar of this suit. The nonsuit was granted by the Court, on the trial without a jury, after the plaintiff...
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The Pacific Reporter, Volum 23

1890 - 1148 sider
...the same parties, and for the same cause of action. It is contended that the judgment of dismissal of a former action between the same parties, and for the same cause, was not admissible in evidence on the trial of the present cause, because, as is claimed, it is no...
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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Volum 89

North Carolina. Supreme Court - 1884 - 708 sider
...had been rendered before a justice of the peace in the same county in favor of the defendant in an action between the same parties and for the same cause of action, and that the said judgment is still in force and unreversed. The following issues were submitted to...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 100

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1885 - 678 sider
...Error. — It is error to sustain a demurrer to a verified answer in abatement setting up that a prior action, between the same parties and for the same cause of action, is pending and undetermined on appeal in the Supreme Court. Merritt v. Richey, 416 16. Exhibits. —...
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The American State Reports: Containing the Cases of General Value ..., Volum 17

Abraham Clark Freeman - 1891 - 1034 sider
...the same parties, and for the same cause of action. It is contended that the judgment of dismissal of a former action between the same parties, and for the same cause, was not admissible in evidence on the trial of the present cause, because, as is claimed, it is no...
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