The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same... The Pacific Reporter - Página 2271912Visualização completa - Sobre este livro
| 1923 - 1208 páginas
...Pacific Railroad Co. v. United States, 108 US 1, 18 Sup. Ct. 1\ 42 L. Ed. 355. the Supreme Court said : "The general principle announced in numerous cases...is that a right, question or fact distinctly put in isene and directly determined by о < ourt of competent jurisdiction, as a ground i'f recovery, cannot... | |
| 1910 - 1050 páginas
...opinion not only may this court follow the judgment of the English tribunals, but it must do so. For "the general principle announced in numerous cases...subsequent suit between the same parties or their privies." Southern Pacific RR v. United States, 168 US, at page 48, 18 Sup. Ct. 27, 42 L. Ed. 355. It is not... | |
| 1918 - 1016 páginas
...Southern Pacific Railroad Co. v. United States, 168 US 1, at page 48, 18 Sup. Ct. 18, 27 (42 L. Ed. 355) : "The general principle announced in numerous cases...subsequent suit between the same parties or their pi-ivies ; and even if the second suit Is for a different cause of action, the right, question, or... | |
| 1900 - 1020 páginas
...his creditors. Thus, in Southern Pac. R. Co. v. US, 168 US 1-48, 18 Sup. Ct. 27, it' is said that: "The general principle announced in numerous cases...be disputed in a subsequent suit between the same parlies or their privies; and, even if the second suit is for a different cause of action, the right,... | |
| 1922 - 1088 páginas
...US 1, 48, 18 Sup. Ct. 18, 27, 42 L. Ed. 355). It is there said: "The general principle • • • Is that a right, question, or fact distinctly put...subsequent suit between the same parties or their privies ; aud even if the second suit is for a different cause of action, the right, question or fact once... | |
| 1917 - 1210 páginas
...court in Southern Pacific B, Co. v. United States, 168 US 1, 48 [18 Sup. Ct. 18, 27 (42 L. Ed. 355)J: 'That a right, question, or fact distinctly put in...subsequent suit between the same parties or their privies.' " Within this definition the presence of an agent of the Bureau of Naturalization, a mere administrative... | |
| 1902 - 1052 páginas
...controversy between the parties. The rule is thus stated by the supreme court of the United States : "A right, question, or fact distinctly put In Issue,...cannot be disputed In a subsequent suit between the some parties; and even If the second suit Is for a different cause of action, the right, question,... | |
| Abraham Clark Freeman - 1925 - 1288 páginas
...721, 64 Am. St. Вeр. 830, 41 L. В. A. 703, THE JUDGMENT AS AN ESTOPPEL. §627 question or fact is distinctly put in issue and directly determined by a court of competent jurisdiction in a former suit between the same parties or their privies, the former adjudication of that fact, right... | |
| 1904 - 1060 páginas
...court. If it be treated as being between the same parties or their privies, it is well established that a right, question, or fact distinctly put in issue and directly determined in the first suit cannot he disputed in a subsequent suit. Such right, question, or fact is to be taken... | |
| 1926 - 1044 páginas
...v. United States, 18 S. Ct. 18, 27, 168 U. S. 1. 48 (42 L. Ed. 355), Mr. Justice Harlan said : ' ' The general principle announced in numerous cases...disputed in a subsequent suit between the same parties and their privies ; and, even if the second suit is for a different cause of action, the right, question,... | |
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