 | United States. Supreme Court - Courts - 1953 - 874 pages
...of Sac, 94 US 351, 352-353. A judgment is an absolute bar to a subsequent action on the same claim. "But where the second action between the same parties is upon a different claim or demand, the *The stipulation for the" year 1933, which is typical, reads as follows : "It is hereby stipulated... | |
 | 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
...subject matter and not where the subject matter of the Vol. 147—8 two controversies is different. Where the second action between the same parties is...upon a different claim or demand, the judgment in the former action operates as an estoppel only as to those matters in issue or points controverted, upon... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1898 - 924 pages
...action is brought for the same cause, goes on to say : " When a second action is upon a different claim, the judgment in the prior action operates as an estoppel only as to those matters in issne or points controverted upon the determination of which the finding of the verdict was rendered.... | |
 | United States. Court of Claims - Law reports, digests, etc - 1934 - 914 pages
...have been presented, is strictly accurate, when applied to the demand or claim in controversy. * * * But, where the second action between the same parties...to those matters in issue or points controverted.' " It is true that the validity of the patent was settled by the former suit, and, as well, the issue... | |
 | Law - 1877 - 558 pages
...claim or demand, but as to any other admissible matter which might have been offered for that purpose. But where the second action between the same parties...as an estoppel only as to those matters in issue or pointa controverted, upon the determination of which the finding or verdict was rendered. In this case,... | |
 | Wyoming. Supreme Court - Law reports, digests, etc - 1922 - 604 pages
...necessary to decide, nor was it decided, who succeeded to the title of Mike Elmore, deceased. "When the second action between the same parties is upon a different claim or demand, or cause of action, it is well settled that the judgment in the first suit operates as an estoppel... | |
 | Law reports, digests, etc - 1886 - 1942 pages
...again be brought into litigation between the parties in proceedings at law upon any ground whatever. But where the second action between the same parties...judgment in the prior action operates as an estoppel only to those matters in issue or points controverted upon the determination of which the finding or verdict... | |
 | Law reports, digests, etc - 1919 - 2038 pages
...the familiar one, elaborately discussed in Cromwell v. Sac County, 94 US 351, 24 L. Ed. 195, that, where the second action between the same parties is upon a different demand, the judgment in the former suit operates as an estoppel only as to those matters which were... | |
 | United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1882 - 642 pages
...the same claim or cause of action as that on which the first was brought ; and it is held, that, when the second action between the same parties is upon...to those matters in issue, or points controverted, in the former action, upon the determination of which the finding or verdict was rendered. Accordingly,... | |
 | Law reports, digests, etc - 1888 - 1450 pages
...is "the one now bcfoje us, ye held, following numerous decisions to thaFeffect, th"atThe""juclgment in the prior action operates as an estoppel only as to those matters th' Issue, or ¿mats conlrovertal, upon the determination! Of jVTncTr^ the finding or verdict was rendered-.... | |
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But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or point controverted, upon the determination of which the finding or... 
