 | 1877 - 558 pages
...in one suit, is conclusive as to that question in another suit between the same parties; but to this operation of the judgment it must appear, either upon...there be any 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... | |
 | Isaac Grant Thompson - 1879 - 886 pages
...in one suit, is conclusive as to that question in another suit between the same parties. Hut to this operation of the judgment it must appear either upon...any uncertainty on this head in the record, as for o.xample. if it appear that several distinct matters may have been litigated, upon one or more of which... | |
 | 1922 - 1138 pages
...one suit, is conclusive аз to that question in another suit between the same parties; but, to this operation of the judgment, it must appear either upon...the precise question was raised and determined in a former suit." Morgan v. Mitchell, 52 Neb. 667, 72 NW 1055. Not only were the issues not the same,... | |
 | 1883 - 710 pages
...in one suit, is conclusive as to that question in another suit between the same parties; but to this operation of the judgment it must appear, either upon...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, unless this uncertainty... | |
 | California. Supreme Court - 1884 - 740 pages
...one suit, is conclusive as to that question in another suit between the same parties ; but to this operation of the judgment it must appear, either upon...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, unless this uncertainty... | |
 | 1899 - 1156 pages
...one suit, is conclu sive as to that question In another suit between the same parties; but, to this operation of the judgment, it must, appear, either...there be any 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... | |
 | 1920 - 1056 pages
...should appear that the first judgment determined the actual question at issue between the parties, and that the precise question was raised and determined in the former suit. On the other hand, it is equally well settled that a fact which has been directly tried and decided... | |
 | 1892 - 1312 pages
...in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon...shown by extrinsic evidence, that the precise question wiis raised and determined in the former suit. If there be япу uncertainty on this head in the record,—... | |
 | 1903 - 1240 pages
...precise question w'ie raised and determined in the former •nit If there be any uncertainty on this bead in the record— as, for example, If It appear that several distinct matters may bave been litigated, upon one or more of loh the judgment may have passed, without indicating which... | |
 | 1889 - 968 pages
...in one suit, is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon...uncertainty on this head in the record, — as, for example, กอ it appear that several distinct matters may have been litigated, upon one or more of winch the... | |
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It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must... 
