 But where the second action between the same parties is upon a different claim or demand, the Judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or...  The Southeastern Reporter - Stran 4231907Celotni ogled - O knjigi
 | United States. Supreme Court - 1953 - 874 strani
...of Sac, 94 US 351, 352-353. A judgment is an absolute bar to a subsequent action on the same claim. "But where the second action between the same parties is upon a different claim or demand, the *The stipulation for the" year 1933, which is typical, reads as follows : "It is hereby stipulated... | |
 | New Jersey. Court of Chancery - 1898 - 924 strani
...action is brought for the same cause, goes on to say : " When a second action is upon a different claim, the judgment in the prior action operates as an estoppel only as to those matters in issne or points controverted upon the determination of which the finding of the verdict was rendered.... | |
 | Illinois. Supreme Court - 1908 - 718 strani
...claim or cause of action in this suit, there is no question that the former judgment is an estoppel as to those matters in issue or points controverted upon the determination of which the decree was rendered. Cromwell v. County of Sac, 94 US 351 ; Equitable Trust Co. v. Fisher, 106 111.... | |
 | United States. Court of Claims - 1934 - 914 strani
...have been presented, is strictly accurate, when applied to the demand or claim in controversy. * * * But, where the second action between the same parties...to those matters in issue or points controverted.' " It is true that the validity of the patent was settled by the former suit, and, as well, the issue... | |
 | United States. Patent Office - 1964 - 972 strani
...which might have been offered for that purpose." Cromwell v. County of Sao, 94 US 351, 352. * • * But where the second action between the same parties is upon a different cause or demand, the principle of res judicata is applied much more narrowly. In this situation, the... | |
 | 1877 - 558 strani
...claim or demand, but as to any other admissible matter which might have been offered for that purpose. But where the second action between the same parties...as an estoppel only as to those matters in issue or pointa controverted, upon the determination of which the finding or verdict was rendered. In this case,... | |
 | William Wait - 1879 - 1002 strani
...Bates v. Spooner, 45 Ind. 489. But, as respects an action afterward brought between the same parties, upon a different claim or demand, the judgment in...determination of which the finding or verdict was rendered. Cromwell v. County of Sac, 94 US (4 Otto) 351. See antt, p. 679, tit. Estoppel. § 3. What judgments... | |
 | Wyoming. Supreme Court - 1922 - 604 strani
...necessary to decide, nor was it decided, who succeeded to the title of Mike Elmore, deceased. "When the second action between the same parties is upon a different claim or demand, or cause of action, it is well settled that the judgment in the first suit operates as an estoppel... | |
 | 1882 - 1904 strani
...again be brought into litigation between the parties, in proceedings at law, upon any ground whatever. But where the second action between the same parties...which the finding or verdict was rendered. In all these cases, therefore, where it is sought to apply the estoppel of a judgment, rendered upon one cause... | |
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