 | Burr W. Jones, Louis Horwitz - 1913 - 1058 Seiten
...the record as to whether the precise question was raised and determined in the former controversy, "as, for example, if it appear that several distinct matters may have been liti62 Bissell v. Spring Valley Tp., 124 US 225, 31 L. Ed. 411, 8 Sup. Ct. Rep. 495; Pittsburgh, CC... | |
 | 1914 - 746 Seiten
...shown by extrinsic evidence, that the precise question was raised and determined in the former suit 1f there be any uncertainty on this head in the record...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... | |
 | 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 - 1915 - 754 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...determined in the former suit. If there be any uncertainty upon this head on this record, — as, for example, if it appear that several distinct matters may... | |
 | 1916 - 800 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... | |
 | 1917 - 742 Seiten
...But to this operation of the judgment it must appear, either from the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit. Russell v. Place, 94 US 606, 608, 24 L. Ed. 214; Cromwell v. County of Sac, 94 US 351, 353, 24 L. Ed.... | |
 | 1919 - 1134 Seiten
...But to this operation of the judgment it must cither appear 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, nnd upon which the judgment was rendered — the... | |
 | 1919 - 1164 Seiten
...But to this operation of the judgment it must either appear upon the face of the record or be shown by extrinsic evidence that the precise question was...litigated, upon one or more of which the judgment may bave PUSM-!. without indicating which of them was thus litigated, and upon which the judgment was rendered... | |
 | 1919 - 828 Seiten
...(Chicago, etc., Seminary v. People, 189 111. 443), and it must appear, on the face of the record, or by extrinsic evidence, that the precise question was raised and determined in the first suit. Chicago, etc.. Seminary v. People, 189 111. 443; Young v. People, 171 111. 303; Spring... | |
 | 1926 - 308 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 motion for Judgment NOV the Court may of its own motion grant a new trial. Rule for Judgment nov... | |
 | California. Supreme Court - 1922 - 964 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...in the former suit. If there be any uncertainty on thus head in the record,— as, for example, if it appear that several distinct matters may have been... | |
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... 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... 
