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" It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which... "
Federal Decisions: Cases Argued and Determined in the Supreme, Circuit and ... - Página 344
1885
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 32

1886 - 546 páginas
...any subsequent action, "it ia a finality as to the claim or demand in controversy, concluding parties not only as to every matter which was offered and...matter which might have been offered for that purpose." Thus for example, a judgment rendered upon a promissory note is conclusive as to the validity of the...
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Albany Law Journal, Volume 36

1888 - 564 páginas
...concluding parties and those in privity with them, not only as to. every matter which was offered or received to sustain or defeat the claim or demand,...matter which might have been offered for that purpose." And as stated in Burlen v. Shannon, 99 Mass. 200, 203: -'The estoppel is not confined to the judgment,...
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Albany Law Journal, Volume 15

1877 - 558 páginas
...absolute bar to a subsequent action. It is a finality as to the claim or demand in controversy, concluding parties, and those in privity with them, not only...matter which might have been offered for that purpose. But where the second action between the same parties is upon a different claim or demand, the judgment...
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The Federal Reporter, Volume 126

1904 - 1126 páginas
...interest." It was held, however, that the judgment of foreclosure was a judgment on the merits, and concluded the parties and those in privity with them,...matter which might have been offered for that purpose. Citing Cromwell v. County of Sac, 94 US 351, 352, 24 L. Ed. 195. It was accordingly further held that...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 105-106

1901 - 2042 páginas
...that case the court says: '•It Is a finality as to the claim or demand in controversy, concluding parties, and those in privity with them, not only...matter which might have been offered for that purpose. Thus, for example, a Judgment rendered upon a promissory note is conclusive as to the validity of the...
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The Federal Reporter

1928 - 1130 páginas
...absolute bar to a subsequent action. It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as...matter which might have been offered for that purpose. • • • " 'But where the second action between the same parties is upon a different claim or demand,...
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The Federal Reporter, Volume 116

1902 - 1128 páginas
...same cause of action between the same parties or their privies, the first Judgment Is an absolute bar, not only as to every matter which was offered and...matter which might have been offered for that purpose. When the second action is between the same parties, but upon a different claim or demand, the Judgment...
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Trial Evidence: The Rules of Evidence Applicable on the Trial of Civil ...

Austin Abbott - 1880 - 928 páginas
...an estoppel in another action between the same parties upon the same claim or demand, is conclusive, not only as to every matter which was offered and...admissible matter which might have been offered for that purpose.3 When used as an estoppel in an action on another claim or demand, it is conclusive on any...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 95-96

1899 - 2058 páginas
...offered and received to sustain or defeat the respective claims of the parties to the fund, but also as to any other admissible matter which might have been offered for that purpose." The decree of the circuit court is affirmed, with costs. i For collusiveness of judgments as between...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 103

United States. Supreme Court - 1881 - 948 páginas
...to the end. The two suits related to the same subject-matter, and were in fact pending at the same time in two courts of concurrent jurisdiction. The...352. It is true the mortgagor did not set up as a defence that the bank had no right to take the mortgage, or that he was entitled to certain credits...
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