 | 1877 - 558 Seiten
...but to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that the precise question was...there be any uncertainty on this head in the record, the whole subject-matter of the action will be at h.rge mid open to a new contention, unless this uncertainty... | |
 | United States. Patent Office - 1878 - 466 Seiten
...But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was...one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered — the... | |
 | Virginia. Supreme Court of Appeals - 1878 - 934 Seiten
...upon the face of the record, or be shown by extrinsic evidence, that the precise question was riised and determined in the former suit. If there be any uncertainty on this head in the tvcord, as for example, if it appear that several distinct matters may have been litigated, upon one... | |
 | Isaac Grant Thompson - 1879 - 886 Seiten
...Hut to this operation of the judgment it must appear either upon the face of the record or be shown by extrinsic evidence, that the precise question was...any uncertainty on this head in the record, as for o.xample. if it appear that several distinct matters may have been litigated, upon one or more of which... | |
 | 1922 - 1138 Seiten
...but, to this operation of the judgment, it must appear either upon the face of the record or be shown by extrinsic evidence that the precise question was raised and determined in a former suit." Morgan v. Mitchell, 52 Neb. 667, 72 NW 1055. Not only were the issues not the same,... | |
 | 1902 - 1128 Seiten
...But to this operation of the judgment it must appear either upon the face of the record or be shown by extrinsic evidence that the precise question was...one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered,— the... | |
 | 1883 - 710 Seiten
...but to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that the precise question was...there be any uncertainty on this head in the record, the whole subject-matter of the action will be at large and open to a new contention, unless this uncertainty... | |
 | 1884 - 774 Seiten
...But to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that the precise question was...one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered, —... | |
 | California. Supreme Court - 1884 - 740 Seiten
...but to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that the precise question was...there be any uncertainty on this head in the record the whole subject-matter of the action will be at large and open to a new contention, unless this uncertainty... | |
 | 1920 - 1056 Seiten
...should appear that the first judgment determined the actual question at issue between the parties, and that the precise question was raised and determined in the former suit. On the other hand, it is equally well settled that a fact which has been directly tried and decided... | |
| |
... a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face... 
