 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 808 Seiten
...Sandf., 134. To similar effect, Miller v. Manice, 6 Hill, 114. 12. Different subject-matter. The judgment of a court of competent jurisdiction upon a question directly involved in the suit, is conclusive in a second suit between the same parties, depending on the same question,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Erasmus Peshine Smith, Francis Kernan, Joel Tiffany, Samuel Hand - 1884 - 600 Seiten
...testify to their correctness, from recollection. Huff v. Bennett, *3S7 JTTD GHENT. 1. The judgment of a court of competent jurisdiction, upon a question directly involved in the suit, is conclusive, in another action between the same parties, depending on the same question.... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1875 - 612 Seiten
...HONKLI,, Ch. J. In Doty v. Brown (4 NY 71), the general proposition is stated to be that the judgment of a court of competent jurisdiction upon a question directly involved in the suit is conclusive in a second suit between the same parties, depending on the same question, although... | |
 | Virginia. Supreme Court of Appeals - 1878 - 934 Seiten
...Chrtsman'x adm'x v. Harman Sf <i/., 494 2. It is scttled law that a judgment of a conrt of compctent jurisdiction, upon a question directly involved in...is conclusive as to that question in another suit bctween the same partics. But to this operation of a judgment it must appear upon the face of the record,... | |
 | Isaac Grant Thompson - 1879 - 886 Seiten
...more recent opinion, the same learned judge says : " It is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question,...question in another suit between the same parties. Hut to this operation of the judgment it must appear either upon the face of the record or be shown... | |
 | 1922 - 1138 Seiten
...court has declared in what instance the rule of res adjudicata does apply, and that is : "A judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive аз to that question in another suit between the same parties; but, to this operation of the judgment,... | |
 | 1893 - 2192 Seiten
...They are estopped from so doing. Justice Field says: "It Is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question...question was raised and determined in the former suit" Russell v. Place, 94 US 6<XV-fllO. The maxim applicable is, "Nemo debet bis vexari pro eadem causa."... | |
 | 1899 - 986 Seiten
...original action, not what might have been litigated and determined"; In Russell v. Place, that "a judgment of a court of competent Jurisdiction, upon a question...question in another suit between the same parties"; In Campbell v. Rankin, that in an action to recover damages for trespass upon a mining claim, the record... | |
 | 1922 - 1158 Seiten
...Russell v. Place, 94 US 606, 24 I* Ed. 214, where he said: "It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon a question...question in another suit between the same parties." Some years later the same learned tribunal, speaking through Mr. Justice Harían, Mr.- Justice Field... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1884 - 798 Seiten
...res odjudicata. (Jackson v. Crafts, 18 Johns. 110; Eortright v. Cody, 21 1ST. Y. 243.) The judgment of a court of competent jurisdiction upon a question directly involved in the suit is conclusive in a second suit between the same parties depending on the same question, Opinion... | |
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But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit. 
