 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
 | Isaac Grant Thompson - 1886 - 934 sider
...that no judgment " 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." These exceptions have frequently received the sanction of the courts. Louis' Appeal, 67 Penn. St. 165;... | |
 | 1907 - 1164 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 Williams v. Row, G2 Pa. 118, Chief Justice Thomson, speaking for the court, said (page 122): "I... | |
 | 1886 - 910 sider
...165, to the point that a judgment 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. In Coursin v. Pennsylvania Ins. Co., 46 Id. 330, a record was admitted, and the court distinguished... | |
 | 1912 - 1182 sider
...another court. But neither the judgment of a court of concurrent nor exclusive jurisdiction is evidence of any matter Incidentally cognizable, nor of any...matter to be inferred by argument from the judgment." This rule, derived from the Duchess of Kingston's Case, has been accepted and applied in this state... | |
 | 1887 - 892 sider
...neither the judgment of a concurrent or exclusive jurisdiction is evidence of any matter which only comes collaterally in question, though within the jurisdiction;...matter to be inferred by argument from the judgment. The matter to become as a plea, a bar, or as evidence, conclusive, must have been directly in issue:... | |
 | 1907 - 1348 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 Clark v. Blair (CC) 14 Fed. 812, McCrary, Circuit Judge, had under determination a case In point... | |
 | 1887 - 988 sider
...within the qualification stated in the Duchess of Kingston's case, that a judgment is not conclusive of " any matter to be inferred by argument from the judgment." It is unnecessary to consider other grounds urged against the conclusiveness of the former adjudication.... | |
 | Melville Madison Bigelow - 1890 - 864 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.' Duchess of Kingston's Case, Everest & Strode, Estoppel, 421. The two passages are constantly quoted.... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1891 - 960 sider
...which came collaterally in question though within their jurisdiction, nor of any matter incidently cognizable, nor of any matter to be inferred by argument from the judgment." This sule was adopted and approved by Story, J., in Harvey v. Richards, 2 Gall., 229, and by Chief... | |
 | David Sutherland - 1891 - 782 sider
...collaterally in questioo. "though within their jurisdiction, nor of " any matter incidentally cogni/able, nor of " any matter to be inferred by argument from "the judgment.'' The principle that a judgment is not to be used to the prejudice of strangers was adopted from the... | |
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