 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1893 - Broj stranica: 712
...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...matters is the judgment conclusive in another action." This same distinction is illustrated in Outram v. Morewood, 3 East, 346, which is a leading case of... | |
 | Missouri. Courts of Appeals - 1893 - Broj stranica: 790
...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...matters is the judgment conclusive in another action." Cromwell v. Sac Co., 94 US 363. ' We have here in the case at bar an instance of the latter kind, to-wit:... | |
 | John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893 - Broj stranica: 1116
...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...matters is the judgment conclusive in another action." Issues must be identical in fact and substance, not in name merely. If they were similarly described,... | |
 | Franklin Hubbell Mackey, District of Columbia. Supreme Court - 1883 - Broj stranica: 636
...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...matters is the judgment conclusive in another action." On page 354, the judge, speaking of the decision in Newton vs. Caldwell, 2 Wallace, says: "The court... | |
 | 1893 - Broj stranica: 922
...ed. 214. In all cases where it is sought to apply the estoppi'l of a judgment rendered upon one cause of action to matters arising in a suit upon a different...what might have been thus litigated and determined. Croinirellv. Site County, »нрга. See Freeman, Judgm. § 256. No judgment or decree is evidence... | |
 | South Dakota. Supreme Court - 1914 - Broj stranica: 748
...lillis, for Appellants. 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 he as to the point or question actually litigated and determined in the original action, not what might... | |
 | United States. Supreme Court - 1893 - Broj stranica: 858
...point or question actually litigated and determined in the original action, not what might have been litigated and determined. Only upon such matters is the judgment conclusive in another action." What might have been determined in the Massachusetts court if the amendment of the declaration had... | |
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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... 
