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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... "
The Federal Reporter: Cases Argued and Determined in the Circuit and ... - Page 616
1886
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Reports of Civil and Criminal Cases Decided by the ..., Volume 40; Volume 147

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
...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,...where it is sought to apply the estoppel of a judgment upon one cause of action to matters arising upon a suit upon a different cause of action, the inquiry...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 82

New Jersey. Court of Chancery - Law reports, digests, etc - 1914 - 768 pages
...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,...rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must always be as to the point or question actually litigated...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 230

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....
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Cases Decided in the Court of Claims of the United States, Volume 90

United States. Court of Claims - Law reports, digests, etc - 1940 - 756 pages
...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,...cause of action to matters arising in a suit upon a Opinion of the Court different cause of action, the inquiry must always be as to the point or question...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1931 - 660 pages
...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,...estoppel of a judgment rendered upon one cause of action as to matters arising In a suit upon a different cause of action, the inquiry must always be as to...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1964 - 972 pages
...based on facts not of record before us and as such to remove the element of conjecture from the case. those matters In issue or points controverted, upon...determination of which the finding or verdict was rendered." Cromwell v. County of Sac, supra, 853. And see Russell v. Place, 94 US 606; Southern Pacific R. Co....
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Albany Law Journal, Volume 15

Law - 1877 - 558 pages
...the judgment in the prior action operates 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, which was an action against a county in Iowa upon certain interest coupons originally attached...
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A Treatise Upon Some of the General Principles of the Law: Whether ..., Volume 6

William Wait - Actions and defenses - 1879 - 1002 pages
...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,...determination of which the finding or verdict was rendered. Cromwell v. County of Sac, 94 US (4 Otto) 351. See antt, p. 679, tit. Estoppel. 3. What judgments...
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Cases Argued and Determined in the Circuit Courts of the United ..., Volume 3

United States. Circuit Court (5th Circuit), William Burnham Woods - Law reports, digests, etc - 1880 - 844 pages
...Gerding. upon a different claim or demand, the judgment in a prior action operates as an estoppel only as to those matters in issue or points controverted,...to apply the estoppel of a judgment rendered upon ont cause of action to matters arising upon a suit in a different cause of action, the inquiry must...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 9-10

Law reports, digests, etc - 1882 - 1904 pages
...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,...which the finding or verdict was rendered. In all these cases, therefore, where it is sought to apply the estoppel of a judgment, rendered upon one cause...
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