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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 Southeastern Reporter - Strona 423
1907
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Decisions of the United States Department of the Interior

United States. Department of the Interior - 1980 - Liczba stron: 984
...ground whatever, absent fraud or some other factor invalidating the judgment. (Citations omitted.) But where the second action between the same parties is upon a different cause or demand, the principle of res judioata is applied much more narrowly. In this situation, the...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Tom 372

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1963 - Liczba stron: 972
...him with draft evasion for that period as well as for the period preceding that date. It is true that "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 351, 353, the findings in a prior criminal proceeding may estop a...
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Reports of the Tax Court of the United States, Tom 38

United States. Tax Court - 1963 - Liczba stron: 1096
...an estoppel, not as to matters which might have been litigated and determined, but "only as to these matters In Issue or points controverted, upon the...determination of which the finding or verdict was rendered." • • • Once a party has fought out a matter In litigation with the, other party, he cannot later...
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Mississippi Reports ... Being Cases Argued and Decided in the ..., Tom 77

Mississippi. Supreme Court - 1900 - Liczba stron: 1112
...different claim or demand, and is between the same parties, the former judgment is, it is true, conclusive only as to those matters in issue, or points controverted,...determination of which the finding or verdict was actually based; but it is conclusive as to them. 1 Greenleaf Evidence, sees. 523, ."):]4, 535, note...
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Mississippi Reports ... Being Cases Argued and Decided in the ..., Tom 59

Mississippi. Supreme Court - 1882 - Liczba stron: 790
...defence was not made at law, and it was not one which would defeat the recovery. Under such circumstances judgment in the prior action operates as an estoppel only as to those matters in issue and points controverted, and not upon those which might have been presented and were not. Comwell \....
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International Aspects of Antitrust: Hearings, Eighty-ninth Congress ..., Część 2

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly - 1967 - Liczba stron: 730
...Revenue v. Sunncn, 333 US 591, 597, 598, 68 S.Ct. 715, 719, where the rule was stated as follows: • "But where the second action between the same parties is upon a different cause or demand, the principle of res judicata is applied much more narrowly. In this situation, the...
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Reports of the Tax Court of the United States, Tom 2

United States. Tax Court - 1943 - Liczba stron: 1330
...the question of res judicata in Cromwell v. County of ;, 94 US 351, 353, the Supreme Court said : ;ut where the second action between the same parties is upon a different claim lemand, the judgment in the prior action operates as an estoppel only as to » matters in issue or...
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Reports of the Tax Court of the United States, Tom 12

United States. Tax Court - 1950 - Liczba stron: 1678
...action operates as an "Ri'ppel, not as to matters which might have been litigated and determined, tot "only as to those matters in issue or points controverted, upon the determina'•'<& of which the finding or verdict was rendered." Cronncell v. Count]/ of Sac, *tn, 353....
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Reports of the Tax Court of the United States, Tom 48

United States. Tax Court - 1967 - Liczba stron: 1032
...Von Moschzisker, "Res Judicata," 38 Yale LJ 299 ; Restatement «f the Law of Judgments, §§ 47, 48. But where the second action between the same parties is upon a diffemt cause or demand, the principle of res judicata is applied much more narrowlj. In this situation,...
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Reports of the United States Tax Court, Tom 60

United States. Tax Court - 1973 - Liczba stron: 1208
...action. It operates as an estoppel, not as to matters which might have been litigated and determined, but "only as to those matters in issue or points controverted,...the determination of which the finding or verdict [in the prior case] was rendered." Cromwell v. County of Sac, supra. [Fn. omitted.] Where "the cause...
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