 | Esek Cowen - Justices of the peace - 1841 - 698 pages
...judgment or decree of a court possessing competent jurisdiction, is not only final as to the matter actually determined, but as to every other matter...might litigate in the cause, and which they might have decided." It is, therefore, sufficient to show in the plea, that the former cause has been decided,... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 720 pages
...judgment or decree of a court possessing competent jurisdiction is final not only as to the matter actually determined, but as to every other matter...the cause, and which they might have had decided. The only exceptions to this general rule are, 1. The case of mutual dealings between the parties, where... | |
 | New York (State). Supreme Court, William Johnson - Law reports, digests, etc - 1846 - 690 pages
...possessing competent jurisdiction is not only final as to the subject matter thereby determined, but also as to every other matter which the parties might litigate...the cause, and which they might have had decided. The only cases which form exceptions to this feneral rule, are, the case of mutual dealings between... | |
 | United States. Supreme Court - Law reports, digests, etc - 1847 - 844 pages
...acknowledged, that the judgment or decree of a court having jurisdiction is not only final as to the matter determined, but as to every other matter which the...the cause, and which they might have had decided." Per Kent, Justice, on page 502. "Every person is bound to take care of his own rights, and to vindicate... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1854 - 930 pages
...Again; a judgment of a court having jurisdiction is not only final and conclusive as to the matter actually determined, but as to every other matter which the parties might litigate in the cause.— 3 Phil. Ev. 828 to 831 ; 1 Johns. Cas. 436, 501. In all cases, where the judgment is rendered on the... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1850 - 614 pages
...which had or was entitled to the title to the premises, was directly put in issue and determined. That the judgment or decree of a court possessing competent...jurisdiction, is, as a general rule, final not only as to the subject matter thereby actually determined, but as to every other matter which the parties might litigate... | |
 | William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1853 - 500 pages
...principle, however, extends further. It is not only final as to the matter determined, but as to every othei matter which the parties might litigate in the cause, and which they might have had decided." The various authorities upon the subject are there cited by the judges in their opinions. A Court of... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1850 - 744 pages
...can admit of no doubt; the principle, however, extends farther: it is not only final as to the matter actually determined, but as to every other matter...might litigate in the cause, and which they might have decided. Le Guen vs. Gouverneur & Kemble, 1 Johns. Cases, 436, and cases there cited. A surrogate order... | |
 | John Willard - Conveyancing - 1861 - 718 pages
...(Gardner v. Buckbee, 3 Cowen, 120. Burt v. Sternberg, 4 id. 559.) It is final not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided. But to be a good bar, it must have been between the same parties,... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 808 pages
...12 Wend., 899. 125. Matter which might have been determined. That the judgment of a court possessing jurisdiction, is, as a general rule, final, not only as to the subject-matter actually determined, but as to every other matter which the parties might have litigated in the cause.... | |
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Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter... 
