 | United States. Supreme Court - Law reports, digests, etc - 1870 - 880 pages
...used in pleading as a technical estoppel, or is relied on by way of evidence as conclusive, per se, it must appear, by the record of the prior suit, that the particular controversy sought to be concluded was necessarily tried and determined — that is, if the record... | |
 | Charles Sidney Whitman - Copyright - 1875 - 814 pages
...used in pleading as a technical estoppel, or is relied on by way of evidence as conclusive, per se, it must appear, by the record of the prior suit, that the particular controversy sought to be concluded was necessarily tried and determined —that is, if the record of... | |
 | United States. Patent Office - Copyright - 1878 - 466 pages
...pleading as an estoppel, or is relied upon as evidence, was stated to be substantially this : that, to render the judgment conclusive, it must appear...not have been rendered without deciding that matter; or it must be shown by extrinsic evidence, consistent with the record, that the verdict and judgment... | |
 | Law reports, digests, etc - 1887 - 1910 pages
...in pleading as an estoppel, or is relied upon in evidence, was stated to be substantially this: that to render the judgment conclusive it must appear,...necessarily tried or determined; that is, that the verdict could not have been rendered without deciding that matter, or it must be shown by extrinsic evidence... | |
 | Law reports, digests, etc - 1902 - 1128 pages
...uncertainty be removed by extrinsic evidence showing the precise point involved and determined. * * * To render the judgment conclusive, it must appear...matter sought to be concluded was necessarily tried and determined,— that is. that the verdict in the suit could not have been rendered without deciding... | |
 | Law reports, digests, etc - 1886 - 1942 pages
...is used in pleading as technical estoppel, or is relied on by way of evidence as conclusive per se, it must appear by the record of the prior suit that the particular controversy sought to be concluded was necessarily tried and determined; that is, if the record of... | |
 | Law reports, digests, etc - 1897 - 1040 pages
...should be certainty to every intent. Unless it appears from the record or consistent extrinsic evidence that the particular matter sought to be concluded was necessarily tried or determined, so that the judgment could not have been rendered without deciding it, there is no estoppel. Russell... | |
 | Law - 1883 - 818 pages
...used in pleading as a technical estoppel, or is relied on by way of evidence as conclusive, per se, it must appear by the record of the prior suit that the particular controversy sought to be concluded was necessarily tried and determined ; that is, if the record of... | |
 | United States. Comptroller of the Treasury - Finance, Public - 1885 - 414 pages
...trial between the same parties, when the judgment is used in pleading as a technical estoppel * * * it must appear by the record of the prior suit that the particular control-erst/ sought to be concluded was necessarily tried and determined. * * * Where it appears from... | |
 | United States. Comptroller of the Treasury - Finance, Public - 1885 - 424 pages
...trial between the same parties, when the judgment is used in pleading as a technical estoppel * • * it must appear by the record of the prior suit that the particular controversy sought to be concluded was necessarily tried and determined. * * • Where it appears from... | |
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... it must appear by the record of the prior suit that the particular controversy sought to be concluded was necessarily tried and determined... 
