 | United States. Supreme Court - Courts - 1953 - 874 pages
...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 - 1914 - 768 pages
...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 is...determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1894 - 722 pages
...* * But where the seoond action is upon a different claim or demand, but between the same parties, the judgment in the prior action operates as an estoppel...determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause... | |
 | 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.... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1908 - 718 pages
...claim or cause of action in this suit, there is no question that the former judgment is an estoppel as to those matters in issue or points controverted upon the determination of which the decree was rendered. Cromwell v. County of Sac, 94 US 351 ; Equitable Trust Co. v. Fisher, 106 111.... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1959 - 820 pages
...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 is...determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause... | |
 | United States. Court of Claims - Law reports, digests, etc - 1939 - 836 pages
...been presented, is strictly accurate, when applied to the demand or claim in controversy. * * * But, where the second action between the same parties is...to those matters in issue or points controverted." Opinion of the Court It is true that the validity of the patent was settled by the former suit, and,... | |
 | United States. Patent Office - Copyright - 1964 - 972 pages
...judlcata Is Identity of issues. If the second action between the same parties or privies is upon the same claim or demand, the judgment in the prior action operates as an absolute bar to relitigation not only of those matters actually determined in the prior suit but also... | |
 | Law - 1877 - 558 pages
...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 is...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,... | |
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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 points controverted, upon the determination of which the finding or... 
