 | 1906 - Liczba stron: 1164
...general subject is Cromwell v. County of Sac, 94 US 351. 24 L. Ed. 195. It was there said that the difference between the effect of a judgment, as a bar or estoppel against tbe prosecution of a second action for the same claim or demand, and its effect as an estoppel In another... | |
 | 1907 - Liczba stron: 834
...the bar is not only* what was pleaded or litigated, but what could have been pleaded or litigated. There is a difference between the effect of a judgment as a bar against the prosecution of a second action for the same claim or demand, and its effect as an estoppel... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1908 - Liczba stron: 1096
...points tried and determined in a former action. In Cromwell r. tSac County, 94 US, 351, the court says : "There is a difference between the effect of a judgment...estoppel against the prosecution of a second action upon Hanson v. Hanson. the same claim or demand, and its effect as an estoppel in another action between... | |
 | Jefferson Hoover Broady, D. A. Haggard, D. Avery Haggard - 1910 - Liczba stron: 1240
...<t PR Co., 61 Neb. 545 (85 NW 556). C. Matters Concluded. Identity of subject-matter. 630. (1897.) 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 constitutes... | |
 | Vermont. Supreme Court - 1910 - Liczba stron: 648
...judgment as a bar or an estoppel to the prosecution of a second suit for the same cause of action, and its effect as an estoppel in another action between the same parties upon a different cause of action. When the former judgment is relied upon as an absolute bar to a subsequent action,... | |
 | Colorado. Supreme Court - 1907 - Liczba stron: 758
...leading case on this general subject is Cromwell v. County of Sac, 94 US 351. It was there said that the difference between the effect of a judgment as a bar...estoppel against the prosecution of a second action for the same claim or demand, and its effect as an estoppel in another action between the same parties... | |
 | Burr W. Jones, Louis Horwitz - 1913 - Liczba stron: 1058
...for the requisite information. In considering this question the distinction between the effect of the judgment as a bar or estoppel against the prosecution...another action between the same parties upon a different cause of action, should not be lost sight of. "In the former case the judgment, if Post v. Smilie,... | |
 | United States. Supreme Court - 1913 - Liczba stron: 1140
...will be well to call attention to the difference between the effect of a judgment as a bar to another action upon the same claim or demand, and its effect as an estoppel, in another suit between the same parties upon a different claim or cause of action. In the former case it is wholly... | |
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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,... 
