 | Law - 1920 - 904 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...what might have been thus litigated and determined. Riverside Co. v. Townshend, 120 111. 18. It is well settled by the decisions of the supreme court of... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1923 - 966 pages
...purpose. But 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, then the judgment in the first action operates as an estoppel only as to the points or questions which... | |
 | United States. Supreme Court - Law reports, digests, etc - 1925 - 1420 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 Southern PR Co. v. United States, 168 US 1, 50, 42 L. ed. 355, 377, 18 Sup. Ct. Rep. 18; Troxell... | |
 | Charles Willis Needham - Commerce - 1925 - 772 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...what might have been thus litigated and determined." In other words, to determine the effect of a former judgment pleaded as an estoppel, two questions... | |
 | George Folger Canfield, Isaac Maurice Wormser - Corporation law - 1925 - 960 pages
...actions). See also, City of Chicago v. Cameron (1887) 120 11l. 447, 11 NE 899 ("but when the second suit is upon a different cause of action, the inquiry must always be as to the point actually litigated in the original action"). — Eds. rules and regulations as the stockholders shall... | |
 | United States. Supreme Court - Law reports, digests, etc - 1926 - 1214 pages
...it is sought to apply the estoppel of a judgment rendered u|>on one cause or action to the mat 1ère arising in a suit upon a different cause of action,...point or question actually litigated and determined in Hie original action, not what might have been thus 111 ¡gated and determined. Only upon sucb matters... | |
 | Law reports, digests, etc - 1926 - 1242 pages
...one cause of action to the matters arisinj: in a suit upon a different cause of action, the (28Б SW) inquiry must always be as to the point or question...determined in the original action; not what might have thus litigated and determined." been Corpus Juris, vol. 34, p. 745, puts It thus: "In an action upon... | |
 | United States. Congress. Senate. Committee on the Judiciary - Industrial relations - 1928 - 970 pages
...is sought to apply the estoppel of a judgment rendered upon one cause of action to matters ar sing in a suit upon a different cause of action, the inquiry...matters is the judgment conclusive in another action. In order that a judgment may operate as a bar to the prosecution of a second action and conclude parties... | |
 | United States. Congress. Senate. Committee on the Judiciary - Injunctions - 1928 - 756 pages
...is sought to apply the estoppel of a judgment rendered upon one cause of action to matters ar sing in a suit upon a different cause of action, the inquiry...have been thus litigated and determined. Only upon sueh matters is the judgment conclusive in another action. In order that a judgment may operate as... | |
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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... 
