The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between, the same... The Southeastern Reporter - Stran 1801913Celotni ogled - O knjigi
| United States. Supreme Court - 1912 - 840 strani
...Justice Harlan, speaking for this court in Southern Pacific R. Co. v. United States, 168 US 1,48: "That a right, question or fact distinctly put in issue...subsequent suit between the same parties or their privies." Sound reason, as we think, constrains us to deny to a certificate of naturalization, procured ex parte... | |
| United States. Court of Claims - 1939 - 836 strani
...States, supra, this Court (at pp. 48-49) said: The general principle announced in numerous cases is that a right, question, or fact distinctly put in issue...so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment in the first suit remains... | |
| United States. Patent Office - 1964 - 972 strani
...B. Co. v. United States, 168 US 1, 48-49: The general principle announced In numerous cases is that a right, question or fact distinctly put in issue...action, the right, question or fact once so determined most, as between the same parties or their privies, be taken as conclusively established, so long as... | |
| 1920 - 496 strani
...Lindsay-Strathmore Irr. Dlst. v. Superior Court of Tulare County, Cal., 187 Pac. 1056. 54. Res Judicata. — A fact distinctly put In issue and directly determined...disputed in a subsequent suit between the same parties, even if the second suit is for a different cause of action. — Lyons v. Empire Fuel Co., MSCCA, 262... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1912 - 666 strani
...331 ; Waite on Engineering and Architectural Jurisprudence, p. 281 ; Brown v. Foster, 113 Mass. 136.) A right, question, or fact distinctly put in issue...so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment in the first suit remains... | |
| 1900 - 2044 strani
...US 1-48, 18 Snp. Ct. 27, it is said that: "The general principle announced In numerous eases Is that a right, question, or fact distinctly put in issue,...ground of recovery, cannot be disputed In a subsequent salt between the same parties or their privies: and, even if the second suit le for a different cause... | |
| 1917 - 2042 strani
...to which the adjudications in both extend, rrom this has arisen the rule of the Supreme Court that: "A right, question or fact, distinctly put In issue...competent jurisdiction, as a ground of recovery, cannot tie disputed in a subsequent suit between the same parties or their privies ; and even if the second... | |
| 1902 - 988 strani
...48, L. ed. p. 376, Sup. Ct. Rep. p. 27: "The general principle announced in numerous cases is that 83 their privies, be taken as conclusively established, so long as the judgment in the first suit remains... | |
| 1901 - 958 strani
...355, 371), 18 Sup. Ct. Hep. 18, 27, we said, after an extended examination of the adjudged cases, that "a right, question, or fact distinctly put in issue...so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment in the first suit remains... | |
| 1899 - 986 strani
...grounds upon which this salutary rule rests. The general principle announced In numerous cases Is that a right, question, or fact distinctly put In Issue,...different § cause of action, the right, question, or fact'once * so determined must, as between the same parties or their privies, be taken as conclusively... | |
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