But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit. United States Supreme Court Reports - Side 212av United States. Supreme Court - 1901Uten tilgangsbegrensning - Om denne boken
| 1910 - 1050 sider
...acljudicata in another suit, even between the same parties, unless it appears by the record or extrinsically that the precise question was raised and determined in the former suit. Russell v. Place, 94 US GOG, 24 L. Ed. 214 ; Truman v. Carvill Mfg. Co. (CC) 87 Fed. 474. However,... | |
| Virginia. Supreme Court of Appeals - 1915 - 896 sider
...between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that...there be any uncertainty on this head in the record, as for example, if it appear that several distinct matters may have been litigated, upon one or more... | |
| 1926 - 1118 sider
...as to that question in another action between the same parties, where it appears from the record or by extrinsic evidence that the precise question was raised and determined in the prior action, and that any uncertainty on the subject must be dispelled by proof; otherwise the entire... | |
| 1906 - 530 sider
...that the decree or judgment may have this operation and effect it must either appear upon the face of the record, or be shown by extrinsic evidence,...question was raised and determined in the former suit or action. "If there be any uncertainty on this head in the record," says Mr. Justice Field in Russell... | |
| United States. Department of the Interior - 1912 - 628 sider
...between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that...will be at large and open to a new contention, unless (his uncertainty be remedied by extrinsic evidence showing the precise point involved and determined.... | |
| 1911 - 772 sider
..."But to this operation of the judgment it must appear, either upon the face of the record or be shewn by extrinsic evidence, that the precise question was...suit. If there be any uncertainty on this head in the record,—as, for example, if it appear that several distinct matters may have been litigated, upon... | |
| United States. Supreme Court, Palmer Daniel Edmunds - 1938 - 782 sider
...question in another suit between the same parties; but it must appear from the face of the record or extrinsic evidence that the precise question was raised and determined in the former suit. If record is uncertain, the uncertainty must be removed by extrinsic evidence. Mason v. Ruby, 35 Idaho... | |
| California. Supreme Court - 1920 - 736 sider
...between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that...there be any uncertainty on this head in the record, — as, for example, if it appear that several distinct matters may have been litigated, upon- one... | |
| 1904 - 1152 sider
...several distinct matters may have been litigated, upon one or more of which the Judgment was rendered, the whole subject-matter of the action will be at large, and open to ft new contention, unless the uncertainty be removed by extrinsic evidence showing the precise point... | |
| United States. Tax Court - 1945 - 1374 sider
...without indicating which of them was thus litigated, and upon which the judgment was rendered, — the whole subject-matter of the action will be at large, and open to a new contention, unless this uncertainly be removed by extrinsic evidence showing the precise point involved and determined. * *... | |
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