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" But neither the judgment of a concurrent or exclusive jurisdiction is evidence, of any matter which came collaterally in question, though within their jurisdiction ; nor of any matter incidentally cognizable ; nor of any matter to be inferred by argument... "
The Northeastern Reporter - Side 343
1898
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Reports of Cases Argued and Determined in the Court of Queen's Bench in ...

Ireland. Court of King's Bench, Robert Jebb, Richard Bourke - 1843 - 412 sider
...jurisdiction is evidence of " any matter which came collaterally in question, though " within their jurisdiction ; nor of any matter incidentally " cognizable ; nor of any matter to be inferred by argu" ment from the judgment." Blackham's case, 1 Salk. 290, was founded on this principle ; and the...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 14

Vermont. Supreme Court - 1843 - 598 sider
...direct upon the precise point, and is not evidence of any matter which came collaterally in question, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument OF THE STATE OF VERMONT. from the judgment, as having constituted one of the grounds of that judgment....
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The Law Times, Volum 48

1870 - 542 sider
...collaterally in question though within their jurisdiction, nor of any matter to be inciden tally cognisable nor of any matter to be inferred by argument from the judgment." The distinction between the judgment of a civil court and the award of a domestic tribunal was referred...
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Chitty's Treatise on Pleading and Parties to Actions: With ..., Bok 383,Volum 3

Joseph Chitty - 1844 - 780 sider
...upon the point in question, and is not evidence of any mailer which came collaterally in question, nor of any matter incidentally cognizable, nor of...matter to be inferred by argument from the judgment ; 20 How. St. Tr. 533 ; 1 Salk. 290. Evid. 303; Rose. Evid. 79, 80. When this plea was as heretofore...
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A Selection of Legal Maxims, Classified and Illustrated

Herbert Broom - 1845 - 544 sider
...in question, though within the jurisdiction of the Court, nor of any matter incidentally cognisable, nor of any matter to be inferred by argument from the judgment; and the above rule applies not only to the parties to the judgment, but likewise to the privies thereto...
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A Treatise on the Law of Evidence in the Courts of Equity

Richard Newcombe Gresley - 1847 - 744 sider
...evidence of any matter which came collaterally in question, though within the jurisdiction of the Court, nor of any matter to be inferred by argument from the judgment, (d) On this principle a decree establishing a will would not be evidence of the presumed testator's...
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A Treatise on Pleading and Parties to Actions: With Second and ..., Volum 3

Joseph Chitty - 1851 - 526 sider
...upon the point in question, and is not evidence of any matter which came collaterally in question, nor of any matter incidentally cognizable, nor of...matter to be inferred by argument from the judgment. 20 How. St. Tr. 533.— 1 Salk. 290. As to the effect of a judgment as regards the parties to it, and...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Volum 2

Asa Kinne - 1852 - 736 sider
...exclusive jurisdiction, is evidence of any matter which came collaterally in question, though within .their jurisdiction ; nor of any matter incidentally cognizable...matter to be inferred by argument from the judgment. — Bradshaw v. Heath, 13 Wendell, 419. Where the former judgment has not been rendered upon'the merits,...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1852 - 616 sider
...exclusive jurisdiction is evidence of any matter which came collaterally *in question, though within their jurisdiction, nor of any matter incidentally cognizable,...matter to be inferred by argument from the judgment." In connexion with the above passage, and with the subject now under consideration, we may observe,...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1854 - 622 sider
...evidence of any matter which came collaterally in question, though within the jurisdiction of the court, nor of any matter incidentally cognizable, nor of...matter to be inferred by argument from the judgment; and the above rule applies not only to the parties to the judgment, but likewise to the privies thereto.2...
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