 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
 | 1921 - 718 Seiten
...dwell upon the presumption invoked or the extent of its application in a proper case. The question of the effect of a judgment as a bar or estoppel against...of a second action upon the same claim or demand, or its effect upon a particular issue or question in some other case is not here involved. The most... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1903 - 1092 Seiten
...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...between the same parties upon a different claim or o-aiise of action. In the former case the judgment, if rendered upon the merits, constitutes rm absolute... | |
 | Illinois. Supreme Court - 1887 - 786 Seiten
...which had been given by that company upon its lands to secure the payment of these railroad bonds. There is a difference between the effect of a judgment...bar or estoppel against the prosecution of a second suit upon the same cause of action, and its effect as an estoppel in another suit between the same... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1922 - 712 Seiten
...outset of the consideration of the doctrine of res judicata, it must be noted that there is a wide difference between the effect of a judgment as a bar...parties upon a different claim or cause of action." 15 RCL p. 951; Luckman v. Union R. Co. (Or.) 69 LRA 480; Selbie v. Graham, 18 SD 365. "A former adjudication... | |
 | United States. Supreme Court - 1885 - 1206 Seiten
...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...action upon the same claim or demand, and its effect as ilh estoppel in another action between the same parties upon a different claim or cause of action.... | |
 | United States. Supreme Court - 1901 - 1148 Seiten
...ed., 351-371.) Judgment as a bar or estoppel — when w not — subsequent action on coupons. 1 1. The difference between the effect of a judgment as a bar...action upon the same claim or demand, and Its effect a« an estoppel In another action between the same parties upon a different claim or cause of action,... | |
 | United States. Supreme Court - 1922 - 1432 Seiten
...dwell upon the presumption invoked or the extent of its application in a proper case. The question of the effect of a judgment as a bar or estoppel against...of a second action upon the same claim or demand, or its effect upon a particular issue or question in some other ease, is not here involved. The most... | |
 | United States. Supreme Court - 1925 - 1420 Seiten
...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 [71] or estoppel agahi.st the prosecution of a second action upon the same claim or demand, and its... | |
 | United States. Court of Customs and Patent Appeals - 1967 - 916 Seiten
...the stipulation of dismissal. We agree with the board that: In order that a prior proceeding may act as a bar or estoppel against the prosecution of a second action Involving the same parties, It must be made to appear that the two proceedings Involve Identical questions... | |
 | 1926 - 1032 Seiten
...estoppel only as to matters or points in Issue, on determination of which finding or verdict was rendered. There is a difference between the effect of a judgment as a bar or estoppel ngninst the prosecution of a second action upon the same claim or demand and its effect as an estoppel... | |
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