 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...  The Federal Reporter - Página 3001889Vista completa - Acerca de este libro
 | United States. Supreme Court - 1953 - 874 páginas
...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... | |
 | New Jersey. Court of Chancery - 1898 - 924 páginas
...of a judgment in one case to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually...original action, not what might have been litigated or determined." In accordance with this view, it had been held in Steam Packet Company v. Sickles,... | |
 | New Jersey. Court of Chancery - 1894 - 722 páginas
...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...determined in the original action, not what might have been thus litigated and determined, for it is only upon such matters as were actually litigated and determined... | |
 | New Jersey. Court of Chancery - 1914 - 768 páginas
...rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must always be as to the point or question actually...in the original action — not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive iu another action.... | |
 | United States. Court of Claims - 1940 - 760 páginas
...or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such 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... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - 1882 - 776 páginas
...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 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 - 1879 - 636 páginas
...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 and determined in the former action, not what might have been thus litigated and determined." While it is true the claim... | |
 | 1889 - 1878 páginas
...circumstances, be pleaded, or used, to bar or estop the complainants. The applicability of res adjudicate, as a plea or bar, is well explained in Cromwell v....the sum of $42,000, that also being the amount which MoComb acknowledged to have been paid on the trust stock at the time he made the acknowledgment, and... | |
 | 1882 - 1904 páginas
...points controverted, upon the determination of which the finding or verdict was rendered. In all these cases, therefore, where it is sought to apply the...determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.... | |
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