 | James Henry Deering - 1900 - 892 pages
...v. Rademaeher, 125 Cal. 556.) 36. In order to the operation of the former judgment as an estoppel, it must appear either upon the face of the record...shown by extrinsic evidence that the precise question Involved was raised and determined in the former action; and where there is uncertainty in the record... | |
 | Washington (State). Supreme Court, Eugene Glenroy Kreider - 1901 - 884 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 the face of the record or he shown by extrinsic evidence, that the precise question was raised and determined in the former Ruit.... | |
 | 1902 - 796 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...in the record— as, for example: If it appear that sev eral distinct matters may have been litigated, upon one or more of which the judgment may have... | |
 | 1903 - 1254 pages
...another suit between the same parties. But to this operation of the Judgment It must appear, either npon the face of the record or be shown by extrinsic evidence,...question was 'raised and determined in the former salt. If there be any uncertainty on this bead In the record— as, for example, If It appear that... | |
 | Nebraska. Supreme Court - 1905 - 1134 pages
...conclusive as to that question In wo ^ between the same parties; but, to this operation of the juopn must appear either upon the face of the record or be shown W ^ evidence, that the precise question was raised and jetermtne ^ former suit." This is apparently... | |
 | Thomas Johnson Michie - 1906 - 868 pages
...the same parties or their privies for the same points of controversy; but to constitute such a. bar it must appear either upon the face of the record or be shown by extrinsic evidence that the previous que-- tion was raised and determined in the former suit, and that the said former suit was... | |
 | Iowa. Supreme Court - 1908 - 1030 pages
...a conclusive estoppel by prior adjudication, " it must appear either upon the face of the record or shown by extrinsic evidence that the precise question...former suit. If there be any uncertainty on this head, as, for example, if it appear that several distinct matters may have been litigated upon one or more... | |
 | Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1908 - 714 pages
...the case at bar. The record in the former case was introduced in evidence. It is competent to show by extrinsic evidence that the precise question was raised and determined in the former suit. Sawyer v. Nelson, 160 111. 629-631 ; Bussell v. Place, 94 US 606. The decree in the interpleader case... | |
 | United States. Patent Office - 1908 - 810 pages
...the appellee strongly relies in denial of the estoppel in this case, it was said : It must api>ear. either upon the face of the record or be shown by extrinsic evidence, that tbe precise question was raised and determined in the former suit. -If there l>e any uncertainty on... | |
 | Nebraska - 1909 - 1386 pages
...involved in one suit, is conclusive as to that question in another suit between the same parties, but it must appear either upon the face of the record...question was raised and determined in the former suit. Morgan v. Mitchell, 52 Neb. 667; 72 NW 1055. See 1000 ante for stare decisls. 76. A judgment rendered... | |
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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... 
