 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 720 pages
...value of the goods may be pleaded in bar to an action of trover for the same goods. In these cases the principal consideration is whether it be precisely the same cause of action in both, which may appear either by proper averments in a plea, or by proper facts stated in a special verdict... | |
 | Law reports, digests, etc - 1884 - 632 pages
...previous suit Î " The principal consideration," say> Chief Justice De Grey, in Kitchen v. CampbeU (8), " is whether it be precisely the same cause of action...facts stated in a special verdict or a special case ; and one great criterion," he adds, " of this identity is that the same evidence will maintain both... | |
 | Law reports, digests, etc - 1885 - 1074 pages
...the previous suit. " The principal consideration," says De Grey, CJ, in Kitchen v. Campbell (7), " is whether it be precisely the same cause of action...facts stated in a special verdict, or a special case." And one great criterion," he adds, " of this identity is that the same evidence will maintain both... | |
 | Electronic journals - 1885 - 902 pages
...previous suit. " The principal consideration," says DEGREY, C. J., in Hitdien v. Campbdl, 2 W. Bl. 827, is whether it be precisely the same cause of action...facts stated in a special verdict, or a special case." "And one great criterion," he adds, "of this identity is that the same evidence will maintain both... | |
 | Law - 1885 - 544 pages
...suit ? "The principal consideration." says I)e Gray, CJ, iu llitrhia v. Campbell, 2 \Vm. Bl. 827, " \s whether it be precisely the same cause of action in...plea, or by proper facts stated in a special verdict, ora special case; and one great criterion," he adds, "of this identity is that the same evidence will... | |
 | Lewis Price Delves Broughton - Estoppel - 1893 - 190 pages
...resort to the other. See also Babu Lal v. Ishri Prasad Narain Singh, ib. 2 All. 582 (FB, 1878). D it is precisely the same cause of action in both, appearing...facts stated in a special verdict, or a special case. And one great No second suit can, however, be brought—after foreclosure and sale of the mortgaged... | |
 | Arthur Caspersz - Estoppel - 1909 - 834 pages
...subject of the previous suit. 'The principal consideration,' says DeGrey, CJ, in Hitchin v. Campbell* ' is whether it be precisely the same cause of action...proper facts stated in a special verdict, or a special One criterion case.' ' And one great criterion,' he adds, ' of this identity, is that the same evidence... | |
 | United States. Supreme Court - Law reports, digests, etc - 1910 - 710 pages
...evidence to support the other. In the case of Kitchen v. Campbell, 2 Bl. Rep. 827, 831, the court said, "the principal consideration is, whether it be precisely...criterion of this identity is, that the same evidence will sustain both the actions;" and cited Putt and Royston, Z Show. 211. Raym. 472. 3 Mod. 1. Pollexfen,... | |
 | Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - Law reports, digests, etc - 1913 - 1026 pages
...previous suit ? ' The principal consideration,' says DeGrey, CJ, in Kitchen \. Campbell, 2 W. Bl. 827,' is whether it be precisely the same cause of action...facts stated in a special verdict, or a special case.' ' And one great criterion,' he adds, ' of this identity is that the same evidence will maintain botli... | |
 | Law - 1885 - 548 pages
...suit? ••The principal consideration," says DeGrey. C. J., in Ilitchen v. Campbell, 2 Wm. Bl. 827. "is whether it be precisely the same cause of action...appearing by proper averments in a plea, or by proper fact« stated in a special verdict, or a -pecialcase; and one great criterion." he adds, ••of this... | |
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the principal consideration is, whether it be precisely the same cause of action in both, appearing by proper averments in a plea; or by proper facts stated in a special verdict, or a special case. One great criterion of this identity is, that the same... 
