 | South Dakota. Supreme Court - 1914 - 748 sider
...of action to matters arising in a suit upon a different cause of action' the inquiry must always he as to the point or question actually litigated and...determined in the original action, not what might have been thus litigated and determined. Davis v. Davis. (SD ) 124 NW 715, 719; Selhie v. Graham 18 SD 365. 100... | |
 | United States. Patent Office - 1895 - 784 sider
...determination of which the finding or verdict was rendered. The inquiry in such case, therefore, we said, mnst always be as to the point or question actually litigated and determined in the original action, for only npon auch matters is the judgment conclusive in another action between the parties upon »... | |
 | 1896 - 772 sider
...upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually...litigated and determined in the original action, not as to what might have been thus litigated and determined. Only upon such matters is the judgment conclusive... | |
 | United States. Supreme Court - 1898 - 792 sider
...upon the determination of which the finding or verdict was rendered, the injury in such case being " as to the point or question actually litigated and...not what might have been litigated and determined " ; in Russell v. Place, that " a judgment of a court of competent jurisdiction, upon a question directly... | |
 | Indiana. Appellate Court - 1898 - 790 sider
...upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually...determined in the original action, not what might have been there litigated and determined." This rule was followed in Riverside Co. v. Townshend, 120 111. 9,... | |
 | 1898 - 636 sider
...municipality, from recovering on other coupons cut from the same bonds. The Court said: 'The inquiry must always be as to the point or question actually litigated and determined in the original action, for only upon such matters is the gated in the first action, and the plaintiff was therefore not concluded... | |
 | Abraham Clark Freeman - 1901 - 1060 sider
...or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action." In "Russell v. Place, 94 US 606, that learned court uses the following language: "It is undoubtedly settled... | |
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In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated... 
