 In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand,...  The Southwestern Reporter - Seite 3301900Vollansicht - Über dieses Buch
 | John William Smith - 1889 - 760 Seiten
...United Society ». Underwood, 11 Bush 265; American Bell Telephone Co. v. Albright, 32 Fed. Rep. 287. There is a difference between the effect of a judgment as a bar or estoppel against the prosecution of the same claim or demand, and its effect as an estoppel in another action between the same parties... | |
 | Austin Abbott - 1891 - 610 Seiten
...accurate statement of the law ; but there are two ways of considering judgments set up in bar ; that is, there is a difference between the effect of a judgment...estoppel against the prosecution of a second action on the same demand and its effect as an estoppel in another action between the same parties upon a... | |
 | 1891 - 1086 Seiten
...accurate statement of the law but there are two ways of considering judgments set up in bar, — that is, there is a difference between the effect of a judgment...estoppel against the prosecution of a second action on the same demand and its effect as an •estoppel in another action between the same parties upon... | |
 | United States. Supreme Court - 1894 - 910 Seiten
...action, and that the suit was prosecuted for his sole use and benefit. The court held that there was a difference between the effect of a judgment as a...parties upon a different claim or cause of action. It was said that " it is not believed there are any cases going to the extent that because in the prior... | |
 | 1895 - 1190 Seiten
...controverts by his pleadings." In Cromwell v. County of Sac, 94 US 351, Mr. Justice Field, commenting upon the effect of a judgment as a bar or estoppel against...of a second action upon the same claim or demand, said: "It is a finality as to the claim or demand In controversy, concluding parties, and those in... | |
 | United States. Patent Office - 1895 - 784 Seiten
...and unequivocal language, as follows: In Cromwell v. County of Sac, 94 US, $51, we drew a distinction between the effect of a judgment as a bar or estoppel against the prosecution of a second action npon the same claim or demand, and its effect as an estoppel in another action between the same parties... | |
 | Burr W. Jones - 1896 - 784 Seiten
...the effect of a judgment as an estoppel against a prosecution of a second action upon the same claim, and its effect as an estoppel in another action between...different claim or cause of action. In the former case, as we have already seen, a judgment on the merits is an absolute bar concluding parties and privies,... | |
 | Indiana. Appellate Court - 1898 - 790 Seiten
...work manifest injustice." A well founded distinction is laid down in the books Gates v. Newman et al. between the effect of a judgment as a bar or estoppel...prosecution of a second action upon the same claim or cause of action, and its effect as an estoppel in another suit, between the same parties, upon a different... | |
| |
