 | 1877 - 558 páginas
...uncertainty on this head in the record, the whole subject-matter of the action will be at h.rge mid open to a new contention, unless this uncertainty...judgment, and give effect to the adjudication actually uiade, when the record leaves the matter in doubt, räch evidence is admissible. In this case which... | |
 | Virginia. Supreme Court of Appeals - 1878 - 934 páginas
...have been litigated, upon one or more of which the judgment was rendered, the whole subject matter of the action will be at large and open to a new contention, unless the uncertainty be removed by extrinsic evidence showing the precise point involved and determined.... | |
 | United States. Patent Office - 1878 - 466 páginas
...which of them was thus litigated, and upon which the judgment was rendered, the whole subject-matter of the action will be at large and open to a new contention. Complainant having made claim in his patent to an article and to a process in which that article was... | |
 | Isaac Grant Thompson - 1879 - 886 páginas
...have been litigated, upon one or more of which the judgment waa rendered, the whole subject-matter of the action will be at large and open to a new contention, unless the uncertainty be removed by extrinsic evidence showing the precise point involved <md Chrisman's... | |
 | 1902 - 1128 páginas
...of them was thus litigated, and upon which the judgment was rendered,— the whole subject-matter of the action will be at large, and open to a new contention,...the precise point involved and determined. * * * To render the judgment conclusive, it must appear by the record of the prior suit that the particular... | |
 | 1883 - 710 páginas
...the former suit. If there be any uncertainty on this head in the record, the whole subject-matter of the action will be at large and open to a new contention,...showing the precise point involved and determined. To the same effect are Cromioell v. County of Sac., id. 351; Garwood v. Ganvood, 29 Cal. 515; Fulton v.... | |
 | California. Supreme Court - 1884 - 740 páginas
...the former suit. If there be any uncertainty on this head in the record the whole subject-matter of the action will be at large and open to a new contention,...showing the precise point involved and determined. To the same effect arc Cromicell v. County of Sac, 94 US 351; Garwood v. Garwood, 29 Cal. 515; Fulton... | |
 | 1899 - 1156 páginas
...uncertainty on this head in the record, the whole subject-matter of the action will be at large and open to new contention, unless this uncertainty be removed...showing the precise point Involved and determined." We have carefully examined the pleadings and the Judgment in the former action. It would occupy much... | |
 | 1884 - 774 páginas
...them was thus litigated, and upon which the judgment was rendered, — the whole subject-matter of the action will be at large, and open to a new contention, unless this uncertainty APPEAL from Washington County Court. This was an action on the case, instituted by the appellee, against... | |
 | 1913 - 1174 páginas
...employed. But the rule as generally de clared in this and other states is reeognizec and it is said: "To apply the judgment, and give effect to the adjudication...leaves the matter in doubt such evidence is admissible. * « » The record wants, therefore, that certainty which is essential to its operation as an estoppel,... | |
| |
... (as, for example, if it appear that several distinct matters may have been litigated, upon one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered), the whole... 
