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 Federal Reporter - Stran 111917Celotni ogled - O knjigi
| 1904 - 1060 strani
...court. If it be treated as being between the same parties or their privies, it is well established that a right, question, or fact distinctly put in issue and directly determined in the first suit cannot he disputed in a subsequent suit. Such right, question, or fact is to be taken... | |
| 1926 - 1116 strani
...168 US 1-18, 18 S. Ct. 18, 27 (42 L. Ed. 355) : "The general principle announced in numerous cases is that a right, question or fact distinctly put in issue...fact once so determined must, as between the same partics or their privies, be taken as conclusively established, so long as the judgment in the first... | |
| Leonard Sydney Lurie - 1926 - 286 strani
...announced in numerous cases is that a right, question, or fact distinctly put in issue and rightly determined by a court of competent jurisdiction, as...once so determined must, as between the same parties (1) "If the decree is final, then its result is to merge the original cause of action. .. .The doctrine... | |
| United States. Supreme Court - 1926 - 1214 strani
...another action then pending between the same parties, respecting other lands within the same grant. 2. A right, question, or fact distinctly put in issue...subsequent suit between the same parties or their privies, even if that suit is for a different cause of action. 3. The word "designated" in the act of Congresi... | |
| 1926 - 1044 strani
...(42 L. Ed. 355), Mr. Justice Harlan said : ' ' The general principle announced in numerous cases is that a right, question, or fact distinctly put in...disputed in a subsequent suit between the same parties and their privies ; and, even if the second suit is for a different cause of action, the right, question,... | |
| United States. Congress. Senate. Committee on Immigration - 1926 - 56 strani
...Justice Harlan, speaking for this court in Southern Pacific Railroad Co. v. United States (168 US 1, 48). "That a right, question, or fact distinctly put in...of competent jurisdiction as a ground of recovery can not be disputed in a subsequent suit between the same parties or their privies." And then said:... | |
| 1926 - 1242 strani
...in favor of Wegener. Wegener has prayed an appeal. [1, 2] It is settled by a long line of decisions that a right, question, or fact distinctly put in...determined by a court of competent Jurisdiction as ground oí recovery of defense cannot be disputed in a subsequent suit between the same parties or... | |
| 1926 - 1112 strani
...court of competent jurisdiction, cannot be disputed In subsequent suit between parties or privies. A right, question, or fact, distinctly put in issue, and directly determined by court of competent jurisdiction as ground of recovery, cannot be disputed in subsequent suit between... | |
| United States. Supreme Court - 1926 - 1242 strani
...court of competent jurisdiction in which a judgment or decree is rendered upon the merits, cannot he disputed in a subsequent suit between the same parties or their privies; and the rulo is the same whether the second suit is for the same or for a different cause of action. Southern... | |
| 1927 - 1146 strani
...court in Southern Pacific R. Co. v. United States, 168 US 1, 48 [18 S. Ct. 18, 27, 42 L. Ed. 355], 'that a right, question or fact distinctly put in...between the same parties or their privies.' " And then it was said : "Sound reason, as we think, constrains us to deny to a certificate of naturalization,... | |
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