 | United States. Supreme Court - 1953 - 874 pagini
...In a subsequent action between the same parties on a different claim, a judgment is conclusive only as to the point or question actually litigated and determined in the original action, not as to what might have been litigated and determined. Pp. 504-505. (b) The decisions entered by the... | |
 | New Jersey. Court of Chancery - 1914 - 768 pagini
...is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must...Only upon such matters is the judgment conclusive iu another action. Scliilstrn v. Van Den Henvel. 82 Eg. The doctrine of this case was approved by this... | |
 | New Jersey. Court of Chancery - 1894 - 722 pagini
...therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause...what might have been thus litigated and determined, for it is only upon such matters as were actually litigated and determined that the judgment is conclusive."... | |
 | New Jersey. Court of Chancery - 1898 - 924 pagini
...rendered. In all cases, therefore, when it is sought to apply the estoppel of a judgment in one case to matters arising in a suit upon a different cause...determined in the original action, not what might have been litigated or determined." In accordance with this view, it had been held in Steam Packet Company v.... | |
 | United States. Court of Claims - 1940 - 756 pagini
...judgment rendered upon one cause of action to matters arising in a suit upon a Opinion of the Court different cause of action, the inquiry must always...matters is the judgment conclusive in another action. The difference in the operation of a judgment in the two classes of cases mentioned is seen through... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - 1882 - 776 pagini
...all cases where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true that the claim... | |
 | William A. Shinn - 1879 - 636 pagini
...all cases where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true the claim... | |
 | 1886 - 1942 pagini
...therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause...matters is the judgment conclusive in another action. * * * It is not believed that there are any cases going to the extent that because in the prior action... | |
 | 1928 - 1130 pagini
...therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause...matters is the judgment conclusive in another action.' " It seems clear that a suit at law upon a contract and an action in equity to reform the same contract... | |
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In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated... 
