 | Esek Cowen - 1841 - 698 Seiten
...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
...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
...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
...which had or was entitled to the title to the premises, was directly put in issue and determined. That the judgment or decree of a court 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... | |
 | John Willard - 1861 - 718 Seiten
...(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 other 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... | |
 | Illinois. Supreme Court - 1850 - 744 Seiten
...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.... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 808 Seiten
...12 Wend., 899. 125. Matter which might have been determined. That the judgment of a court possessing jurisdiction, is, as a general rule, final, not only as to the subject-matter actually determined, but as to every other matter which the parties might have litigated in the cause.... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 Seiten
...proceeding." And he adds : " Such judgment or 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 Opinion by DAVIES, Ch.J. the subject-matter... | |
 | 1886 - 546 Seiten
...states the rule : "The judgment is final and conclusive between the parties, not only as to tho matter actually determined, but as to every other matter which the parties might have litigated and have decided as incident to or essentially connected with the subject-matter of the litigation,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1873 - 622 Seiten
...Conner, 3 NY 511, where many authorities are collected, the court hold the following language: "That the judgment or decree of a court possessing competent...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." See, also, Duncan... | |
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Such judgment or 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... 
