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... The Federal Reporter - Página 5161898Visualização integral - Acerca deste livro
| 1895 - 1140 páginas
...liar or estoppel against the prosecution of a second action upon the- same claim or demand, said: "It is a finality as to the claim or demand in controversy,...admissible matter which might have been offered for that punióse." l U recul. ET. I 528; Tayl. Ev. § 1513; 1 Whart. Ev. § 788; Campbell v. Butts, 3 NY 173;... | |
| 1904 - 1174 páginas
...the judgment, if rendered upon the merits, constitutes an absolute bar •to a subsequent action. It is a finality as to the claim or demand in controversy,...privity with them, not only as to every matter which wasoffered and received to sustain or defeat the claim or demand, but as to any other admissible matter... | |
| 1906 - 1164 páginas
...rendered upon the merits, constitutes an absolute bar to a subsequent action. It concludes the parties as to every matter which was offered and received to sustain or defeat the claim or demand, and as to every other substantial matter which might have been offered for that purpose; but, where... | |
| 1885 - 896 páginas
...court. That was a judgment on the merits of the identical matter now in question, and it concluded the "parties and those in privity with them, not only...matter which might have been offered for that purpose." Cromwell v. County of Sac, 94 US, 351, 352. It is true the mortgagor did not set up as a defense that... | |
| West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1885 - 940 páginas
...demand rendered on the merits, constitutes an absolute bar to a subsequent action. It is a finality to the claim or demand in controversy concluding parties and those in privity with them ikot only as to every matter which was offered or received to sustain or defeat the claim, but as to... | |
| 1885 - 1070 páginas
...said that, where the former judgment was upon the same claim or demand in any subsequent action, "it is a finality as to the claim or demand in controversy, concluding parties not only as to every matter which was offered and received to sustain or defeat the claim or demand,... | |
| 1886 - 1076 páginas
...upon the merits, constitutes an absolute bar to u subsequent action. It isa finality as to the chum or demand in controversy, concluding parties and those...matter which might have been offered for that purpose." After the decree was made, its conclusiveness is described bv Judge Sharswood in Tn.yb>r v. Cornelius,... | |
| 1893 - 1164 páginas
...finality, "concluding," in the language of Mr. Justice Field in Cromwell v. Sac County, (page 352.) "parties and those in privity with them, not only...other admissible matter which might have been offered forthat purpose. Thus, for example, a judgment rendered upon n promissory note is conclusive ns to... | |
| 1900 - 1124 páginas
...the former Judgment, If rendered upon the merits, constitutes an absolute bar to the second action, not only as to every matter which was offered and received to sustain or defeat the claim, but as to any other admissible matter which might have been offered for that purpose. Cromwell v. Sac... | |
| 1917 - 1184 páginas
...Peabody, 58 NH 116; Hearn v. Railroad, 67 NH 320, 29 Atl. 970. And a judgment "concludes the parties, not only as to every matter which was offered and received to sustain or to defeat the suit, but also as to any other matter which might have been offered for that purpose."... | |
| |