 | James Parker Hall, James De Witt Andrews - Law - 1910 - 498 pages
...then proceeds to say that in the latter class of cases, "the inquiry must always be as to the point actually litigated and determined in the original...what might have been thus litigated and determined" (19). We shall now consider these two classes of matters in the order above named. § 36. Causes of... | |
 | James Parker Hall, James De Witt Andrews - Law - 1910 - 492 pages
...then proceeds to say that in the latter class of cases, "the inquiry must always be as to the point actually litigated and determined in the original...what might have been thus litigated and determined" (19). We shall now consider these two classes of matters in the order above named. § 36. Causes of... | |
 | United States. Courts - Corporation law - 1928 - 1244 pages
...where it is sought to appi; the estoppel of a Judgment rendered upon one cause of action to matter* arising in a suit upon a different cause of action,...matters is the Judgment conclusive in another action. In order that a judgment may operate as t bar to the prosecution of a second action and conclude parties... | |
 | Law reports, digests, etc - 1912 - 1316 pages
...where it Is sought to apply the estoppel of a judgment upon one cause of action to matters arising upon a suit upon a different cause of action, the inquiry must always be to the point or question actually litigated and determined in the original action, not what might have... | |
 | Colorado. Supreme Court - Law reports, digests, etc - 1912 - 744 pages
...all cases 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 different cause of action between the same parties, the inquiry must always be as to the issue actually litigated and determined... | |
 | Burr W. Jones, Louis Horwitz - Evidence (Law) - 1913 - 1058 pages
...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 different cause...such matters is the judgment conclusive in another action."70 In such case, where the judgment may have proceeded upon either or any of two or more distinct... | |
 | Appellate courts - 1915 - 752 pages
...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 different cause...is the judgment conclusive in another action." See, also, Packet Company v. Sickles, 5 Wall. 580, 592, 18 L. Ed. 550 (1866) ; Fayerweather v. Ritch, 195... | |
 | Law reports, digests, etc - 1915 - 1282 pages
...all cases where it is sought to apply the estoppel of a judgment rendered upon one cause of artion to matters arising in a suit upon a different cause of action between the same parties, the inquiry must always be as to the issue actually litigated and determined... | |
 | William Henry Lloyd - Civil procedure - 1916 - 980 pages
...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 different cause...such matters is the judgment conclusive in another action.52* The difference in the operation of a judgment in the two classes of cases mentioned is seen... | |
 | Appellate courts - 1916 - 800 pages
...rendered. In all cases, therefore, where It is sought to apply the estoppel of a judgment rendered upon one cause of action, * * * the inquiry must always be...matters is the Judgment conclusive in another action." Cromwell v. County of Sac, 91 US 351, 24 L. Ed. 195. "It Is undoubtedly settled law tbat a Judgment... | |
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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 different cause of action, the inquiry must always be as to the point or question actually litigated... 
