 | John Pitt Taylor - Evidence (Law) - 1848 - 756 pages
...whole case, and will not (except under special circumstances) permit the same parties to open the same subject of litigation in respect of matter which might...forward as part of the subject in contest, but which (r) Hitchin v. Campbell, 2 W. Bl. 831, per De Grey, CJ ; Martin v. Kennedy, 2 B. & P. 71, per Lord... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1911 - 710 pages
...open the same subject of litigation in respect to a matter which might have been brought forward as a part of the subject in contest, but which was not...negligence, inadvertence or even accident, omitted a part of their cause. The plea of res jndicata applies not only to the point upon which the court... | |
 | Great Britain. Court of Chancery - Equity - 1864 - 874 pages
...the other portion, upon new and different grounds. What Vice- Chancellor Wigram says is this : — " The plea of res judicata applies, except in special cases, not only to pointsupon which the Court was actually required by parties to form an opinion and pronounce judgment,... | |
 | John Bruce Norton - Evidence (Law) - 1865 - 666 pages
...whole case, and will not (except under special circumstances) permit the same parties to open the same subject of litigation in respect of matter which might...forward as part of the subject in contest, but which was nflt brought forward, onry because they have, from negligence, inadvertence, or even accident, omitted... | |
 | Law reports, digests, etc - 1868 - 576 pages
...Hunter v. Stewart. In Henderson v. Henderson Vice Chancellor Wigram states the rule to be : — " That the plea of res judicata applies except in special cases not only to points on which the Court was actually required by the parties to form an opinion and pronounce a judgment,... | |
 | John Bruce Norton - Evidence (Law) - 1869 - 646 pages
...whole case, and will not (except under special circumstances) permit the same parties to open the same subject of litigation in respect of matter which might...applies, except in special cases, not only to points npon which the Court was actually required by the parties to form an opinion and pronounce a judgment,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1869 - 802 pages
...open the same subject of litigation in respect of a matter which might have been brought forward as a part of the subject in contest, but which was not...negligence, inadvertence, or even accident, omitted a part of their case. The plea of res judicata applies, except in special cases, not only to the points... | |
 | United States. Supreme Court - Courts - 1870 - 800 pages
...open the same subject of litigation in respect of ;i mutter which might have been brought forward as a part of the subject in contest, but which was not...negligence, inadvertence, or even accident, omitted a part of their case. The plea of res jiidicata applies, except in special cases, not only to the points... | |
 | United States. Department of State - United States - 1903 - 906 pages
...forward only because they have from negligence, inadvertence, or even accident omitted part of the case. The plea of res 'judicata applies, except in special cases, not only to the {ointe upon which the court was required by the parties to form an opinion and pronounce a judgment,... | |
 | United States. Patent Office - Copyright - 1876 - 486 pages
...open the same subject of litigation in respect of a matter which might have been brought forward as a part of the subject in contest, but which was not...negligence, inadvertence, or even accident, omitted a part of their case. The plea of res judicata applies,, except in special cases, not only to the points... | |
| |
... where a given matter becomes the subject of litigation in, and of adjudication by, a Court of competent jurisdiction, the Court requires the parties to that litigation to bring forward their whole case, and will not (except under special circumstances)... 
