| John William Smith - 1855 - 792 páginas
...given in evidence in civil suits, these two deductions seem to follow as generally true : first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in... | |
| Benjamin Robbins Curtis, United States. Supreme Court - 1864 - 772 páginas
...of its validity was put directly in issue. The case, therefore, falls within the general rule, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea, a bar, or as evidence conclusive between the same parties or privies upon the same matters, when directly... | |
| Simon Greenleaf - 1856 - 576 páginas
...original payee. i DUCHESS OF KINGSTON'S CASE, 11 State Tr. 261; 20 How. ;St. Tr. 538 ; 2 B. & C. 887. " The judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea in bar, or as evidence, conclusive between the same parties, upon the same matter directly in question... | |
| Bengal (India). Sadr Dīwānī ʻAdālat - 1858 - 1208 páginas
...upon the same grounds as those on a consideration of which the Court had previously rejected it *' The judgment of a court of concurrent jurisdiction directly upon the point," says Lord Chief Justice DeGrey in the Duchess of Kingston's case, " is, as a plea, a bar, or as evidence,... | |
| John Bruce Norton - 1859 - 638 páginas
...Alii and others. 18th Sept. 1847. 7 8. DA Rep. 393.— Tucker, Barlow & Hawkins." See also case 64. " The judgment of a Court of concurrent jurisdiction directly upon the point, is, as a plea a bar, or, as evidence, conclusive between the same parties, upon the same matter directly in question in... | |
| Hiram Denio - 1859 - 652 páginas
...up in answer to this action ; and, upon demurrer, judgment was rendered in his favor. We have then the judgment of a court of concurrent jurisdiction directly upon the point made by this suit ; and nothing is better settled than that such a judgment, so long as it remains... | |
| California - 1860 - 388 páginas
...279 ; Alderson v. Sell, 9 Cal. 315. 5. The judgment of a court of competent jurisdiction directlyupon the point is, as a plea, a bar, and as evidence conclusive...the same parties upon the same matter directly in another court. Love v. Waltz, 7 Cal. 250. 6. If an entire judgment be composed of several elements,... | |
| 1860 - 768 páginas
...Kingtun's case, 2 Smith's Leading Cases, 424, which conclusively establishes the proposition, " that the judgment of a court of concurrent jurisdiction directly upon the point is, as a plea, a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another... | |
| South Carolina. Court of Appeals, Langdon Cheves - 1860 - 336 páginas
...relative to judgments being given in evidence in civil suits, it seems to follow, as generally true, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea in bar, or as evidence, conclusive between the same parties, upon the same matter directly in question... | |
| William Macpherson - 1860 - 592 páginas
...judgment already pronounced, such judgment being adduced as evidence of particular fact in a suit. The judgment of a Court of concurrent jurisdiction directly upon the point, is, as evidence, conclusive between the same parties upon the same matter directly in question in another... | |
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