 An adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated, and have had decided as incident to or essentially connected with the subject-matter of the litigation,...  Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Seite 295von Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1886Vollansicht - Über dieses Buch
 | Esek Cowen - 1821 - 804 Seiten
...Kem4/e,(c) " that the judgment, or decree of a court possessing competent jurisdiction, is not only final as to the matter actually determined, but as to every other matter wbich the parties might litigate in tbe cause, and which they might have decided." It is, therelore,... | |
 | Esek Cowen - 1841 - 698 Seiten
...Kemble,(y) " that the judgment or decree of a court possessing competent jurisdiction, is not only final as to the matter actually determined, but as to every other matter which the parties might litigate in the cause, and which they might have decided." It is, therefore, sufficient to show in... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 720 Seiten
...Miles, 42.# {The judgment or decree of a court possessing competent jurisdiction is final not only as to the matter actually determined, but as to every other matter which the parties might litigate in the cause, and which they might have had decided. The only exceptions to this general rule... | |
 | Alabama. Supreme Court - 1854 - 930 Seiten
...Cowen 120; 4 tf. 559. Again; a judgment of a court having jurisdiction is not only final and conclusive as to the matter actually determined, but as to every other matter which the parties might litigate in the cause.— 3 Phil. Ev. 828 to 831 ; 1 Johns. Cas. 436, 501. In all cases, where the... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - 1850 - 614 Seiten
...possessing competent jurisdiction, is, as a general rule, final not only as to the subject matter thereby actually determined, but as to every other matter which the parties might litigate in the cause, and which they might have had decided, can admit of no doubt. ( Voorhees v.... | |
 | Oliver Lorenzo Barbour - 1852 - 716 Seiten
...though the correctness of the other branch of the opinion of Radcliffe, J. that it is not only final as to the matter actually determined, 'but as to every other matter which they neglect to litigate in the cause, and which the court might have decided, has with good reason... | |
 | John Willard - 1861 - 718 Seiten
...another court. (Gardner v. Buckbee, 3 Cowen, 120. Burt v. Sternberg, 4 id. 559.) It is final not only as to the matter actually determined, but as to every...matter which the parties might have litigated and have had decided. But to be a good bar, it must have been between the same parties, and for the same... | |
 | Illinois. Supreme Court - 1850 - 744 Seiten
...conceded by all, and can admit of no doubt; the principle, however, extends farther: it is not only final as to the matter actually determined, but as to every other matter which the parties might litigate in the cause, and which they might have decided. Le Guen vs. Gouverneur & Kemble, 1 Johns.... | |
 | New York (State). Superior Court (New York), Joseph S. Bosworth - 1861 - 780 Seiten
...85; Swart v. Borst, -17 id., 69.) II. The former judgment was conclusive upon the parties, not only as to the matter actually determined, but as to every other matter which might have been litigated therein. (Bendernagl e v. Cocks, 19 Wend., 207; Embury v. Conner, 3 Comst,... | |
 | Illinois. Supreme Court - 1866 - 670 Seiten
...fully establish the proposition, that the decree of a court of competent jurisdiction is not only final as to the matter actually determined, but as to every other matter of defense, which if set up would have prevented the decree which the parties neglected to litigate,... | |
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