 ... the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.  Lawyers' Reports Annotated - Página 3611893Visualização integral - Acerca deste livro
 | United States. Supreme Court - 1953 - 874 páginas
...In a subsequent action between the same parties on a different claim, a judgment is conclusive only as to the point or question actually litigated and determined in the original action, not as to what might have been litigated and determined. Pp. 504-505. (b) The decisions entered by the... | |
 | New Jersey. Court of Chancery - 1894 - 722 páginas
...finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to...what might have been thus litigated and determined, for it is only upon such matters as were actually litigated and determined that the judgment is conclusive."... | |
 | New Jersey. Court of Chancery - 1898 - 924 páginas
...rendered. In all cases, therefore, when it is sought to apply the estoppel of a judgment in one case to matters arising in a suit upon a different cause...determined in the original action, not what might have been litigated or determined." In accordance with this view, it had been held in Steam Packet Company v.... | |
 | New Jersey. Court of Chancery - 1914 - 768 páginas
...finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must always be as to the point or question actually litigated... | |
 | United States. Court of Claims - 1940 - 760 páginas
...finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a Opinion of the Court different cause of action, the inquiry must always be as to the point or question... | |
 | United States. Patent Office - 1931 - 660 páginas
...therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action as to matters arising In a suit upon a different cause...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. See also Nesbit v. Riverside Independent... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - 1882 - 776 páginas
...(Cromwell v. County of Sac, 94 U. 8. 352) : " In all cases where it is sought to apply the estoppel of a judgment rendered upon one cause of action to...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true that the claim... | |
 | William A. Shinn - 1879 - 636 páginas
...Fickl (Cromwell v. County of Sac, 94 US, 352) : " In all cases where it is sought to apply the estoppel of a judgment rendered upon one cause of action to...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true the claim... | |
 | 1886 - 1942 páginas
...finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to...what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action. * * * It is not believed that... | |
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