 | Joseph Kinnicut Angell - 1824 - 380 Seiten
...than the Defendant's wharf, and between them was situate Potter's Ditch, which connected Channel Sea River with the water-works river, which last again...insisted at the trial that that verdict was conclusive evidencc against the Plaintiffs, and that it operated as an estoppel. The learned judge received it... | |
 | 1843 - 506 Seiten
...balance of the advantages and disadvantages of that proceeding. Ib. JUDGMENT. (Same parties.) A judgment in a former action, between the same parties and for the same cause of action, is admissible in evidence under the general issue. French v. Neal, 24 Pick. 55. 2. (Same.) If, in an... | |
 | Asa Kinne - 1853 - 538 Seiten
...court. — Sampson v. Tht Commonwealth, 5 Watts Sf Sergeant's R., 385. (1844.) JUDGMENT. A judgment in a former action between the same parties and for the same cause of action is admissible in evidence, under the general issue. —French v. JVW, 2i Pickering's Rep., 55. (1842.)... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 1154 Seiten
...the note from the files in order to use it as evidence in support of his second action. A judgment in a former action between the same parties and for the same cause of action, is admissible in evidence under the general issue. If, in an action brought againpt one of two joint... | |
 | 1881 - 676 Seiten
...the second defense stated in the answer. Vol. 11.—No. 8. This defense sets up a judgment of nonsuit in a former action between the same parties and for the same cause of action in bar of this suit. The nonsuit was granted by the Court, on the trial without a jury, after the plaintiff... | |
 | North Carolina. Supreme Court - 1884 - 708 Seiten
...had been rendered before a justice of the peace in the same county in favor of the defendant in an action between the same parties and for the same cause of action, and that the said judgment is still in force and unreversed. The following issues were submitted to... | |
 | 1890 - 1148 Seiten
...the same parties, and for the same cause of action. It is contended that the judgment of dismissal of a former action between the same parties, and for the same cause, was not admissible in evidence on the trial of the present cause, because, as is claimed, it is no... | |
 | 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 - 1885 - 678 Seiten
...Error. — It is error to sustain a demurrer to a verified answer in abatement setting up that a prior action, between the same parties and for the same cause of action, is pending and undetermined on appeal in the Supreme Court. Merritt v. Richey, 416 16. Exhibits. —... | |
 | Abraham Clark Freeman - 1891 - 1034 Seiten
...the same parties, and for the same cause of action. It is contended that the judgment of dismissal of a former action between the same parties, and for the same cause, was not admissible in evidence on the trial of the present cause, because, as is claimed, it is no... | |
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This defense sets up a judgment of nonsuit in a former action between the same parties, and for the same cause of action, in bar of this suit. 
