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
| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1921 - 996 páginas
...determine the effect of the judgment so far as the city is concerned. Under the rule of res ju<licata, a right, question or fact, distinctly put in issue...directly determined by a court of competent jurisdiction, cannot be disputed in a subsequent suit between the same parties or their privies ; and even if the... | |
| United States. Patent Office - 1951 - 676 páginas
...1195, 168 F. 2d 319, 78 USPQ 22. Appellant contends that the question or fact here involved has been put in issue and directly determined by a court of competent jurisdiction; that the issue is therefore res judicata, and that this court is estopped from consideration of the... | |
| United States. Supreme Court - 1904 - 1384 páginas
...the subject of res judicata are reviewed by Mr. Justice Harlan, and the general doctrine thus stated: "A right, question, or fact distinctly put in issue...disputed in a subsequent suit between the same parties or fheir privies : and even if the second suit is for a different cause of action, the right, question,... | |
| United States. Court of Customs and Patent Appeals - 1969 - 808 páginas
...estoppel is stated by Mr. Justice Harlan in Southern Pacific Railroad v. US, 168 US 1, as follows : "The general principle announced in numerous cases...the same parties or their privies; and even if the necond suit is for a different cause of action, the right, question or fact once so determined must,... | |
| United States. Department of the Treasury - 1935 - 1448 páginas
...doctrine of res judicata or estoppel by judgment is that both parties have had their day in court, and that a right, question, or fact, distinctly put in...subsequent suit between the same parties or their privies. Johannessen v. United States, 225 US 227, 56 L. ed. 1066. In the case now before us it is true that... | |
| United States. Court of Customs and Patent Appeals - 1950 - 632 páginas
...of which, together with the court's findings, is attached to the stipulation hereinbefore described. A right, question or fact distinctly put in issue...jurisdiction as a ground of recovery cannot be disputed but must be taken as conclusively established in a subsequent suit between the same parties, even if... | |
| United States. Court of Customs and Patent Appeals - 1946 - 648 páginas
...Smithern Pacific Railroad Company v. United States, 168 US 1, at pages 48 and 49, to the following effect: The general principle announced in numerous cases is that a right, question or fact distinctly put iu issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot... | |
| United States. Tax Court - 1981 - 1236 páginas
...common-law adjudication, embodied in the related doctrines of collateral estoppel and res judicata, is that a "right, question or fact distinctly put...directly determined by a court of competent jurisdiction . . . cannot be disputed in a subsequent suit between the same parties or their privies . . .." Southern... | |
| United States. Tax Court - 1981 - 1252 páginas
...common-law adjudication, embodied in the related doctrines of collateral estoppel and res judicata, is that a "right, question or fact distinctly put...directly determined by a court of competent jurisdiction ... cannot be disputed in a subsequent suit between the same parties or their privies ...." Southern... | |
| Philippines. Supreme Court - 1919 - 1194 páginas
...sufficiently broad to cover the case at bar. It is well settled that a right, question or fact definitely put in issue and directly determined by a court of...competent jurisdiction, as a ground of recovery, cannot be discussed in a subsequent suit between the same parties or their privies; United States vs. Soliman.... | |
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