 ... 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 appear, either upon the face...  The Northwestern Reporter - Page 91916Full view - About this book
 | Law - 1877 - 558 pages
...but to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that the precise question was...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... | |
 | United States. Patent Office - Copyright - 1878 - 466 pages
...record, extrinsic evidence consistent with the record may be admitted to establish the fact. Where several distinct matters may have been litigated,...one or more of which the judgment may have passed, and it remains uncertain which of them was thus litigated, and upon which the judgment was rendered,... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1878 - 934 pages
...upon the face of the record, or be shown by extrinsic evidence, that the precise question was riised and determined in the former suit. If there be any uncertainty on this head in the tvcord, as for example, if it appear that several distinct matters may have been litigated, upon one... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1879 - 886 pages
...Hut to this operation of the judgment it must appear either upon the face of the record or be shown by extrinsic evidence, that the precise question was...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... | |
 | Electronic journals - 1883 - 710 pages
...but to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that the precise question was...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 - Law reports, digests, etc - 1884 - 740 pages
...but to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that the precise question was...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... | |
 | Law reports, digests, etc - 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... | |
 | Abraham Clark Freeman - Judgments - 1886 - 794 pages
...of the most recent and authoritative adjudications upon this subject, " if there be any uncertainty in the record, as, for example, if it appear that...may have been litigated upon one or more of which judgment was rendered, the whole subjectmatter of the action will be at large and open to a new contention,... | |
 | Law reports, digests, etc - 1892 - 1312 pages
...evidence, that the precise question wiis raised and determined in the former suit. If there be япу uncertainty on this head in the record,— as, for...without indicating which of them was thus litigated, und upon which the judgment was rendered, — the whole subject-matter of the action will be at large,... | |
 | Law reports, digests, etc - 1904 - 1076 pages
...evidence. 5. If it appears from the record of a former judgment offered in evidence as an estoppel that several distinct matters may have been litigated, upon one or more of which the judgment was rendered, the whole subject-matter of the action will be at large, and open to a new contention,... | |
| |
