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 3431898Uten tilgangsbegrensning - Om denne boken
| William Mawdesley Best - 1854 - 930 sider
...extend to any matter which came collaterally in question, though within the jurisdiction of the court; nor of any matter incidentally cognizable ; nor of any matter to be inferred by argument, unless perhaps by necessary inference, from the judgment («). (p) Co. Lilt. 103 a. wring the opinion... | |
| John William Smith - 1855 - 798 sider
...comment on the words of De Grey, in The Duchess of Kingston's case, that « a judgment is not evidence of matter incidentally cognizable, nor of any matter to be inferred by argument from it," as the fixed and well settled rule of law, by which every question of this sort should be decided.... | |
| William Wetmore Story - 1856 - 848 sider
...exelusive 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." See, also, Harvey r. Richards, 2 Gall. R. 229; Hibshman r. Dullebau, 4 Watts, R. 191; Wright r. Deklyne,... | |
| John Bruce Norton - 1859 - 638 sider
...any matter which came collaterally in question, although it was within the jurisdiction of the court, nor of any matter incidentally cognizable, nor of...matter to be inferred by argument from the judgment, as having con.(?) When the former «nit referred to a mortgage transaction, the second to (proprietary... | |
| Joseph Goodeve - 1862 - 776 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 reference to the distinction taken by the Chief Justice between _.. . , Courts of concurrent and... | |
| Iowa. Supreme Court - 1862 - 686 sider
...further one, that neither the judgment of a court of concurrent or exclusive jurisdiction is evidence of any matter incidentally cognizable, nor of any matter to be inferred by argument. And thus we might by reference to the other cases cited by counsel, show how far they fall short of... | |
| 1864 - 578 sider
...extend to any matter which came collaterally in question, though within the jurisdiction of the Court ; nor of any matter incidentally cognizable ; nor of any matter to be inferred by argument unless perhaps by necessary inference from the judgment."(a) Nothing, too, is clearer than the proposition... | |
| John Bruce Norton - 1865 - 666 sider
...any matter which came collaterally in question, although it was within the jurisdiction of the court, nor of any matter incidentally cognizable, nor of...matter to be inferred by argument from the judgment, as having constituted one of the grounds of that judgment. For it is obvious, that although the matter... | |
| Simon Greenleaf - 1866 - 756 sider
...jurisdictk,.! is evidence of any matter, which canie collaterally in question, though within their jurisdiction ; nor of any matter incidentally cognizable...matter to be inferred by argument from the judgment." J § 529. It is only where the point in issue has been determined, that the judgment is a bar. If the... | |
| Nevada. Supreme Court - 1868 - 630 sider
...exclusive jurisdiction is evidence of any matter which conies collaterally in question, though within their jurisdiction, nor of any matter incidentally cognizable,...matter to be inferred by argument from the judgment." Sherman v. Dillev. To make the former judgment between the same parties admissible in evidence in another... | |
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