| 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...suit could not have been rendered without deciding that matter; or it must be shown by extrinsic evidence, consistent with the record, that the verdict... | |
| 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 - 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 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 - 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... | |
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