 | United States. Supreme Court - Courts - 1953 - 874 pages
...In a subsequent action between the same parties on a different claim, a judgment is conclusive only as to the point or question actually litigated and determined in the original action, not as to what might have been litigated and determined. Pp. 504-505. (b) The decisions entered by the... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1912 - 966 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... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1894 - 722 pages
...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...what might have been thus litigated and determined, for it is only upon such matters as were actually litigated and determined that the judgment is conclusive."... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1914 - 768 pages
...is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must...Only upon such matters is the judgment conclusive iu another action. Scliilstrn v. Van Den Henvel. 82 Eg. The doctrine of this case was approved by this... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1898 - 924 pages
...rendered. In all cases, therefore, when it is sought to apply the estoppel of a judgment in one case to matters arising in a suit upon a different cause...determined in the original action, not what might have been litigated or determined." In accordance with this view, it had been held in Steam Packet Company v.... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1959 - 820 pages
...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...Southern Pacifi•c RR Co. v. United States, 168 US 1, 50 ; Troxell v. Delaware, LacJeawanna & Western RR Co., 227 US 434, 440. Opinion of the Court After quoting... | |
 | United States. Court of Claims - Law reports, digests, etc - 1940 - 760 pages
...judgment rendered upon one cause of action to matters arising in a suit upon a Opinion of the Court different cause of action, the inquiry must always...matters is the judgment conclusive in another action. The difference in the operation of a judgment in the two classes of cases mentioned is seen through... | |
 | United States. Patent Office - Copyright - 1931 - 660 pages
...therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action as to matters arising In a suit upon a different cause...the judgment conclusive in another action. See also Nesbit v. Riverside Independent District, 144 US 610; New Orleans v. Citizens Bank, 167 US 371, and... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - Law reports, digests, etc - 1882 - 776 pages
...352) : " In 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...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true that the claim... | |
 | William A. Shinn - Bankruptcy - 1879 - 636 pages
...352) : " In 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...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true the claim... | |
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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... 
