 | James Parker Hall, James De Witt Andrews - 1910 - Broj stranica: 492
...then proceeds to say that in the latter class of cases, "the inquiry must always be as to the point actually litigated and determined in the original...what might have been thus litigated and determined" (19). We shall now consider these two classes of matters in the order above named. § 36. Causes of... | |
 | James Parker Hall, James De Witt Andrews - 1910 - Broj stranica: 498
...then proceeds to say that in the latter class of cases, "the inquiry must always be as to the point actually litigated and determined in the original...what might have been thus litigated and determined" (19). We shall now consider these two classes of matters in the order above named. § 36. Causes of... | |
 | United States. Courts - 1928 - Broj stranica: 1244
...where it is sought to appi; the estoppel of a Judgment rendered upon one cause of action to matter* arising in a suit upon a different cause of action,...matters is the Judgment conclusive in another action. In order that a judgment may operate as t bar to the prosecution of a second action and conclude parties... | |
 | Colorado. Supreme Court - 1912 - Broj stranica: 744
...So that, in all cases 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 between the same parties, the inquiry must always be as to the issue actually litigated and determined... | |
 | 1912 - Broj stranica: 1316
...where it Is sought to apply the estoppel of a judgment upon one cause of action to matters arising upon a suit upon a different cause of action, the inquiry must always be to the point or question actually litigated and determined in the original action, not what might have... | |
 | Burr W. Jones, Louis Horwitz - 1913 - Broj stranica: 1058
...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...such matters is the judgment conclusive in another action."70 In such case, where the judgment may have proceeded upon either or any of two or more distinct... | |
 | 1915 - Broj stranica: 752
...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...judgment conclusive in another action." See, also, Packet Company v. Sickles, 5 Wall. 580, 592, 18 L. Ed. 550 (1866) ; Fayerweather v. Ritch, 195 US 276,... | |
 | William Henry Lloyd - 1916 - Broj stranica: 980
...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...such matters is the judgment conclusive in another action.52* The difference in the operation of a judgment in the two classes of cases mentioned is seen... | |
 | 1916 - Broj stranica: 800
...rendered. In all cases, therefore, where It is sought to apply the estoppel of a judgment rendered upon one cause of action, * * * the inquiry must always be...matters is the Judgment conclusive in another action." Cromwell v. County of Sac, 91 US 351, 24 L. Ed. 195. "It Is undoubtedly settled law tbat a Judgment... | |
 | Missouri. Supreme Court - 1916 - Broj stranica: 902
...cause of action to matters arising in a suit between the same parties upon a different claim or demand, the inquiry must always be as to the point or question...litigated and determined in the original action, not as to what might have been thus State ex rel. v. Mining Co. litigated and determined. Only upon such... | |
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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... 
