« ForrigeFortsett »
same effect as an estoppel as against subsequent suits on the same
cause of action. Held that:
in the result of a suit against the other, the result is merely that
State are not under obligation to follow the decision.
against the other, because of interest in the decision as a judicial
does not create an estoppel as to the one so assisting in the defense.
several as well as joint, one of the tort-feasors not sued is not a
against the latter is a bar to another suit against the latter.
tort-feasors depends upon the defendant's own culpability, failure
When dealing with the estoppel of a judgment, privity denotes mutual
or successive relationship to the same right of property, and while
20. Full faith and credit clause; status of judgment of Federal court in
court of State other than that in which the Federal court sits.
pends entirely upon diversity of citizenship, that court administers
21. Full faith and credit; right of court in which judgment of court of
another State is set up to determine its effect as a bar.
feasors may be a bar in the State where rendered against a suit on
22. Full faith and credit; status of judgment of court of one State when
sued upon or pleaded in estoppel in court of another State.
judgment of a court of one State when sued upon or pleaded in es-
23. Full faith and credit clause; how construed.
other provisions of the Constitution, none of which it was intended
24. Full faith and credit; right of court where judgment set up to inquire as
to jurisdiction of court rendering it.
judgment of the court of another State which had no jurisdiction
25. Governmental powers; retrospective legislation; validity of naturaliza-
tion act of 1906.
judicial power by the legislative branch of the Government, nor is
Naturalization of Aliens. See IMMIGRATION, I.
26. States; effect of Fourteenth Amendment on power to regulate useful
engage in any lawful business, it does not prevent legislation in-
prohibit harmfu busincss.
prohibiting any business which is inherently vicious and harmful.
28. States; effect of Fourteenth Amendment on power to regulate or pro-
or prohibiting a non-useful occupation which may become harmful
29. States; when statute not revenue measure in disguise so as to render it
the fees exacted are for necessary expenses of inspecting an article
30. States; when statute not regenue measure in disguise.
by the affixing of stamps, it will not be held unconstitutional as a
See SUPRA, 1, 2, 3, 11, 12, 13;
CONSTRUCTION OF STATUTES.
See STATUTES, A.
See TRIAL, 1.
1. Rescission of contract for sale of mining properties; practice in this
court; res judicata.
pany purchased a neighboring group of mines and agreed that the
basis of the judgment of this court.
ing the relative rights of the corporation and one of the stock-
ing facts and circumstances may be considered.
was carried out and not rescinded.
have, as the law of the case, on the lower court or on the Supreme
case for this court.
tinuance for final settlement of the affairs of the company was
proper. · Zeckendorf v. Steinfeld, 445.
inquire as to.
not exclude the power of creditors to inquire into the reality and
3. Transfer of property of corporation as contract other than of condi-
an equity of redemption under prior transfers, held, that a transfer
property but a contract crcating security for the money advanced,
JURISDICTION, H 4;
statutes of Arkansas were, under authority of Congress, in force in
JURISDICTION, H 4;
LOCAL LAW (N. Y.);
COURT AND JURY:
COURT OF CLAIMS.
See COURTS, 3.
the court must apply it even in a hard case. Low Wah Sucy v.
2. Duty of this court to give effect to purpose of Congress in creating