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 1761913Celotni 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...their privies; and even if the second suit is for a different cause of action, the right, question, or fact once so determined must, as between the same... | |
| United States. Patent Office - 1964 - 972 strani
...Railroad v. United States, 168 US 1, as follows: The general principle announced in numerous cases Is that a right, question or fact distinctly put In issue...their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, at between the same... | |
| 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...their privies ; and even if the second suit is for a different cause of action, the right, question, or fact, once so determined must, as between the same... | |
| 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 different cause of action, the right, question, or fact once so determined must, as between the same... | |
| 1899 - 986 strani
...HES JuniCATA— CoxcLusivEXEas OF PRIOR ADJUDICATION — Pi. HADING — UAII.KOAD LASI> GKAXTS. 1. A right, question, or fact distinctly put in issue,...their privies; and, even if the second suit is for a different cause of action, the right, question, or fact once so determined must, as between the same... | |
| 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...their privies; and even if the second suit is for a different cause of action, the right, question, or fact once so determined must, as between the same... | |
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