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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... "
Cases on Civil Procedure - Seite 602
von William Henry Lloyd - 1916 - 952 Seiten
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United States Reports: Cases Adjudged in the Supreme Court, Band 345

United States. Supreme Court - 1953 - 874 Seiten
...of Sac, 94 US 351, 352-353. A judgment is an absolute bar to a subsequent action on the same claim. "But where the second action between the same parties is upon a different claim or demand, the *The stipulation for the" year 1933, which is typical, reads as follows : "It is hereby stipulated...
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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
...subject matter and not where the subject matter of the Vol. 147—8 two controversies is different. Where the second action 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 points controverted, upon...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Band 55

New Jersey. Court of Chancery - 1898 - 924 Seiten
...action is brought for the same cause, goes on to say : " When a second action is upon a different claim, the judgment in the prior action operates as an estoppel only as to those matters in issne or points controverted upon the determination of which the finding of the verdict was rendered....
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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 Court of Claims of the United States, Band 78

United States. Court of Claims - 1934 - 914 Seiten
...have been presented, is strictly accurate, when applied to the demand or claim in controversy. * * * But, where the second action between the same parties...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
...which might have been offered for that purpose." Cromwell v. County of Sao, 94 US 351, 352. * • * But where the second action between the same parties is upon a different cause or demand, the principle of res judicata is applied much more narrowly. In this situation, the...
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Albany Law Journal, Band 15

1877 - 558 Seiten
...claim or demand, but as to any other admissible matter which might have been offered for that purpose. But where the second action between the same parties...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,...
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A Treatise Upon Some of the General Principles of the Law: Whether ..., Band 6

William Wait - 1879 - 1002 Seiten
...Bates v. Spooner, 45 Ind. 489. But, as respects an action afterward brought between the same parties, upon a different claim or demand, the judgment in...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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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 27

Wyoming. Supreme Court - 1922 - 604 Seiten
...necessary to decide, nor was it decided, who succeeded to the title of Mike Elmore, deceased. "When the second action between the same parties is upon a different claim or demand, or cause of action, it is well settled that the judgment in the first suit operates as an estoppel...
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The Federal Reporter: Cases Argued and Determined in the Circuit ..., Bände 9-10

1882 - 1904 Seiten
...again be brought into litigation between the parties, in proceedings at law, upon any ground whatever. But where the second action between the same parties...which the finding or verdict was rendered. In all these cases, therefore, where it is sought to apply the estoppel of a judgment, rendered upon one cause...
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