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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... "
Decisions of the Commissioner of Patents and of the United States Courts in ... - Strona 242
autor: United States. Patent Office - 1946
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United States Reports: Cases Adjudged in the Supreme Court, Tom 345

United States. Supreme Court - 1953
...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...
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Reports of Civil and Criminal Cases Decided by the Court of ..., Tom 40;Tom 147

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell, Thomas Bell Monroe, John James Marshall, James Greene Dana, Benjamin Monroe, James P. Metcalfe, Alvin Duvall, William Pope Duvall Bush, John Rodman, Edward Warren Hines, Charles Cyrus Turner, Thomas Lewis Edelen, Thomas Robert McBeath, Robert G. Higdon, T. M. Jones, Amos Hall Eblen - 1912
...or points controverted, upon the determination of which the finding or verdict was. rendered. In all cases, therefore, 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 ..., Tom 51

New Jersey. Court of Chancery - 1894
...or points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the...determined in the original action, not what might have been thus litigated and determined, for it is only upon such matters as were actually litigated and...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Tom 55

New Jersey. Court of Chancery - 1898
...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...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Tom 82

New Jersey. Court of Chancery - 1914
...or points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the...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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Cases Decided in the United States Court of Claims ... with Report ..., Tom 145

United States. Court of Claims, Audrey Bernhardt - 1959
...or points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the...determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action."...
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Cases Decided in the United States Court of Claims, Tom 90

United States. Court of Claims - 1940
...or points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the...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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Reports of Cases Argued and Determined in the District Courts of the ..., Tom 10

Robert Dewey Benedict, Benjamin Lincoln Benedict - 1882
...rule is well stated by Mr. Justice Field (Cromwell v. County of Sac, 94 U. 8. 352) : " In all cases where it is sought to apply the estoppel of a judgment...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...
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The National Bankruptcy Register Reports: Containing All the ..., Tom 18

William A. Shinn - 1879
...the rule is well stated by Mr. Justice Fickl (Cromwell v. County of Sac, 94 US, 352) : " In all cases where it is sought to apply the estoppel of a judgment...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true the claim...
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The Federal Reporter: Cases Argued and Determined in the Circuit ..., Tomy 25-26

1886
...or points controverted upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the...determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action....
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