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" But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or... "
New Cases: Selected Chiefly from Decisions of the Courts of the State of New ... - Seite 362
von Austin Abbott - 1891
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Reports of Civil and Criminal Cases Decided by the Court ..., Band 40;Band 147

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 966 Seiten
...between the same parties is upon a different claim or demand, the judgment in the former action operates as an estoppel only as to those matters in issue or...where it is sought to apply the estoppel of a judgment upon one cause of action to matters arising upon a suit upon a different cause of action, the inquiry...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Band 51

New Jersey. Court of Chancery - 1894 - 722 Seiten
...different claim or demand, but between the same parties, the judgment in the prior action operates as an estoppel only as to those matters in issue or...the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Band 82

New Jersey. Court of Chancery - 1914 - 768 Seiten
...between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or...the estoppel of a judgment rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must always be as to the...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Band 230

Illinois. Supreme Court - 1908 - 718 Seiten
...claim or cause of action in this suit, there is no question that the former judgment is an estoppel as to those matters in issue or points controverted upon the determination of which the decree was rendered. Cromwell v. County of Sac, 94 US 351 ; Equitable Trust Co. v. Fisher, 106 111....
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Cases Decided in the United States Court of Claims ... with Report ..., Band 145

United States. Court of Claims, Audrey Bernhardt - 1959 - 820 Seiten
...between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or...the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be...
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Cases Decided in the Court of Claims of the United States, Band 78

United States. Court of Claims - 1934 - 914 Seiten
...between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted.' " It is true that the validity of the patent was settled by the former suit, and, as well, the issue...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1964 - 972 Seiten
...based on facts not of record before us and as such to remove the element of conjecture from the case. those matters In issue or points controverted, upon...determination of which the finding or verdict was rendered." Cromwell v. County of Sac, supra, 853. And see Russell v. Place, 94 US 606; Southern Pacific R. Co....
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Reports of Cases Argued and Determined in the District Courts of ..., Band 10

Robert Dewey Benedict, Benjamin Lincoln Benedict - 1882 - 776 Seiten
...rule is well stated by Mr. Justice Field (Cromwell v. County of Sac, 94 U. 8. 352) : " In all cases where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be...
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Albany Law Journal, Band 15

1877 - 558 Seiten
...the judgment in the prior action operates as an estoppel only as to those matters in issue or pointa controverted, upon the determination of which the finding or verdict was rendered. In this case, which was an action against a county in Iowa upon certain interest coupons originally attached...
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A Treatise Upon Some of the General Principles of the Law: Whether ..., Band 6

William Wait - 1879 - 1002 Seiten
...between the same parties, upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or...determination of which the finding or verdict was rendered. Cromwell v. County of Sac, 94 US (4 Otto) 351. See antt, p. 679, tit. Estoppel. § 3. What judgments...
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