 | Washington (State). Supreme Court, Eugene Glenroy Kreider - 1902 - Liczba stron: 834
...cannot afterwards be litigated by a new proceeding cither before the same or any other tribunal. I3ut there is a difference between the effect of a judgment as a bar or estoppel ngainst the prosecution of a second action upon the same claim or demand and its effect as an estoppel... | |
 | 1903 - Liczba stron: 1256
...failed to do. In Slater т. Sklrvlng, 51 Neb. 108, 7f> NW 493, 66 Am. St. Rep. 444, this court said: "There Is a difference between the effect of a Judgment...demand, and its effect as an estoppel In another action upon a different claim or cause of action. In the former case, a Judgment on the merits constitute»... | |
 | Abraham Clark Freeman - 1903 - Liczba stron: 1084
...overlooked, between the effect of a judgment as a bar or estoppel against the prosecution of a second 4Ta action upon the same claim or demand and its effect...between the same parties upon a different claim or demand. In the former case the judgAm. St. Eep., Vol. 05—50 merit, if upon the merits, is an absolute... | |
 | Abraham Clark Freeman - 1903 - Liczba stron: 1072
...cannot be again litigated between the same parties. But there is a difference, sometimes overlooked, between the effect of a judgment as a bar or estoppel against the prosecution of a second 47a action upon the same claim or demand and its effect as an estoppel in another acEion between the... | |
 | 1904 - Liczba stron: 1322
...considering the operation of this Judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment...action. In the former case the judgment, if rendered uppn the merits, constitutes an absolute bar to a subséquent action. It is a finality as to the claim... | |
 | Byron Kosciusko Elliott, William Frederick Elliott - 1904 - Liczba stron: 1150
...1520. Kule where subject matter Is different. — There is an important distinction and a material difference between the effect of a judgment as a bar or estoppel against the prosecution of a sec•Van Fleet Collateral Attack, 'Van Fleet Collateral Attack, 15, 5 17. 29, I 17. -ond action upon... | |
 | 1905 - Liczba stron: 844
...considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment...effect as an estoppel in another action between the s*me parties upon a different claim or cause of action. In the former case, the judgment, if rendered... | |
 | Nebraska. Supreme Court - 1905 - Liczba stron: 1134
...Neb., 108, the opinion, also bv hmt C., lays down the following rule: "There is a difference betweei IB effect of a judgment, as a bar or estoppel against the prosecution <.! second action upon the same claim or demand, and Its effect ss estoppel in another action upon... | |
 | 1906 - Liczba stron: 1286
...considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment...estoppel in another action between the same parties up on a different claim or cause of action. In the former case the judgment, if rendered upon the merits,... | |
 | Thomas Johnson Michie - 1906 - Liczba stron: 868
...Distinctions and General Consideration. A. DEFINITION. B. DISTINCTIONS. In General. — "There is a marked difference between the effect of a judgment as a bar or estoppel against the The definition which would seem to prosecution of a second suit upon the embrace more fully and accurately... | |
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In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand,... 
