A Treatise on the Law of Judgments: Including the Doctrine of Res Judicata, Band 2

Cover
West Publishing Company, 1891 - 1270 Seiten
 

Inhalt

Difference between Conclusiveness of Judgment and Bar by Former Re covery
606
Scope of this Chapter
608
WHAT JUDGMENTS ARE CONCLUSIVE 508 Character of the Adjudication 509 Judgment must be Final
609
Effect of Pending Appeal
610
Reversed Judgment 512 Not affected by Motion for New Trial 513 Voidable and Void Judgments
611
Inferences from the Judgment
612
Erroneous Judgments 515 In Actions to Annul Judgments PART III
613
What Constitutes the Matter in Issue
614
Judgment must be rendered by a validly constituted Court 517 Courts of Equity 518 Decrees in Equity binding at Law and Vice Versa
615
Points in Issue but not Decided
616
Points not in Issue
617
Probate Adjudications
618
Courts of Admiralty
619
Inferior Courts 523 Ecclesiastical Courts
620
CourtsMartial
621
Military Tribunals
622
Evidence to Identify Points Adjudged
623
Awards of Arbitrators
624
Record cannot be Contradicted
625
Decisions of Appellate Courts 528 Judgment given by Divided Court
626
Criminal Sentences not Evidence in Civil Issues
627
iii
628
Burden of Proof
629
What Species of Evidence Receivable
630
Decisions of U S Land Department
631
Inconsistent Positions in Litigation
632
Rulings of Government Officials
633
Boards of Municipal Officers
634
Judgments conclusive on Habeas Corpus
635
OF THE PERSONS CONCLUDED BY JUDGMENTS 534 Parties and Privies
636
Effect of Rejection of Will
637
Persons under Disabilities
638
Party bound only in the Capacity in which he Appears
639
Grant of Administration no Proof of Death
640
Nominal and Real Parties
641
Use Plaintiff
642
Stranger Promoting the Litigation
643
Person Assuming the Defense
644
Appointment of Guardian
645
Person Submitting his Interest is bound
646
Witnesses 543 Effect of Additional Parties
647
Effect of Severance as to Parties
649
One Plaintiff suing in Behalf of Many 546 Unknown Owners
650
Evidence to Identify Parties
651
Parties bound by Partition
661
Action for Use and Occupation
662
Forcible Entry and Detainer
663
725
667
682 Verdict without Judgment no
682
Judgment Reversed or Vacated
683
Effect of Granting New Trial
684
Pendency of Appeal
685
Effect of Discontinuance
686
Decision of Court without Jury
687
Awards
688
Judgment in Summary Proceedings
689
Lis Pendens and Priority of Decision
690
Judgments on Motions
691
Renewal of Motion in the Same Case
692
PART IV WHAT CAUSES OF ACTION ARE BARRED
726
In Criminal Cases
727
Certainty required in Estoppels
728
Estoppel Cannot be Avoided by Varying Form of Action
729
Limitations of this Rule
730
Judgment Conclusive of Whatever might have been Litigated
731
Restrictions of Foregoing Rule
732
Second Action Proceeding on Different Theory
733
Rule against Splitting Causes of Action
734
What Demands are Inseverable
735
Action on Running Account
736
Claims Omitted by Mistake
737
Entire Claims founded on Tort
738
Recovery in Malicious Prosecution bars Action for Slander
739
Distinct Injuries from same Tortious
740
Distinct Trespasses
741
Continuing Damages from Tort 743 Distinction between Permanent and Recurring Trespass or Nuisance
743
Plaintiff not Required to Join Distinct Demands
744
Causes of Action Distinct though Founded on Same Facts
745
Actions on Collateral Securities
746
Successively Arising Causes of Action
747
Breach of Continuing Covenant
748
Equitable Defenses not Concluded by Judgment at
766
CrossActions
767
Action for Price of Goods and CrossAction for Breach of Warranty
768
Action for Services and CrossAction for Negligence
769
Joint Contractors
770
One Joint Contractor a NonResident
771
Effect of Joint Debtor Acts
772
Successful Defense by One Joint Debtor
773
Joint and Several Contractors
774
Joint Judgment on Joint and Several Contract
775
Judgments against Partners
776
Joint TortFeasors
777
DISTINCTIVE RULES AS TO EJECTMENT AND OTHER REAL ACTIONS 647 Common Law Rules as to Real Actions
778
Joint Trespassers American Rule
779
Election between Joint and Several Action
780
Successful Defense by one Joint Trespasser
781
Satisfaction of Judgment against
782
Necessity of Pleading Prior Adjudication
783
Where there is no Opportunity to Plead
784
When Admissible under General Issue
785
Waiver of Estoppel by Failure to Plead
786
Conclusiveness of Judgment when not pleaded
787
Arguments on the Question
788
Under Code Practice
789
Requisites of Plea of Former Judgment
790
799 Condemnation of Goods Seized under Excise or Revenue Laws
799
Action to Quiet Title 665 Dower Proceedings
800
Foreclosure Suits 667 Award of Arbitrators upon Title to Land
801
Bankruptcy Proceedings PART VIII JUDGMENTS IN ACTIONS CONCERNING CHATTELS 669 Trespass
802
Trover 671 Replevin
803
Detinue
805
CHAPTER XIX
806
Actions for Instalments
807
Judgment in One Such Action as Evidence in the Next 751 Successful Defense to one of a Series of Actions 252 Suits for Wages
808
GENERAL PRINCIPLES 673 Estoppel by Former Judgment
809
Doctrine of Merger
811
Judgment must be Final
830
Judgment upon Plea in Abatement
831
Judgment by Default
832
Judgment upon Confession
833
Nonsuit no
834
Judgment on Retraxit
838
Judgment must be Valid Subsisting and Final
867
Judgments upon Confession
868
Decrees in Chancery
869
Sentences imposing Penalties
870
Police Regulations of Another State not Enforced
871
Plaintiff can have but one Satisfaction ART V DEFENSES AND COUNTERCLAIMS CONCLUDED BY FORMER JUDGMENT 754 Defenses concl...
906
Constructive Service on Residents
907
Same Adverse Title
908
Same Fraud 757 Same Agreement to Compromise
909
Same Payment
910
Same Usury
911
Same Discharge in Bankruptcy 761 Matter Available as a SetOff
912
Submission of All Matters in Difference 763 One Claim cannot be Used both as SetOff and as Cause of Action
915
Counterclaim not Adjudicated
916
Voluntary Allowance of Credit or Counterclaim
917
Effect of Assignment at Common
940
Who may Assign Judgments
941
What Judgments Assignable
942
Agreement to Assign Future Judgment
943
Assignment of Part of Judgment
944
Mode of Assignment
945
Statutory Mode of Assignment
946
Equitable Assignment
947
Title Passing to Assignee
948
Rights as against Assignor
949
Notice of Assignment
950
Right of Assignee to
951
Rights as against JudgmentDebtor
952
Assignee Takes Subject to Equities
953
CHAPTER XX
954
Definitions
955
Judgments Quasi in
956
Jurisdiction 795 Effect of Adjudications in
958
Decrees in Admiralty
959
Judgments in Prize Cases
960
CHAPTER XXI
971
Want of Jurisdiction as a Defense
972
Fraud as a Defense
973
Error or Irregularity no Defense
974
Plea of Payment
975
Accord and Satisfaction as a Defense
976
Discharge in Bankruptcy
977
Arrest and Imprisonment of Debtor
978
Equitable Defenses
979
Amount of Recovery
980
Interest on Judgments
981
Rate of Interest how Determined
982
Interest on Decrees in Equity
983
Compounding Interest
984
French
1000
Canadian Doctrine of Foreign Judgments 835 Jurisdiction may be Inquired into
1001
Judgments against NonResidents
1002
Moving Party must be Real Owner of Judgment
1003
Mutuality of Parties Required
1004
ExtraTerritorial Service of Process Plea Negativing Jurisdiction 837 838
1005
Foreign Judgment in Summary Proceedings
1006
Repugnance of Judgment to Natural Justice
1007
Local or Police Regulations of Foreign Country not Enforced
1008
Mistake of Law as Ground of Impeachment
1009
Mistaken Conception of Foreign
1010
Whether Impeachable for Fraud
1014
Judgment must be Final 846 Effect of Pendency of Appeal
1015
No Merger of Original Cause of Action
1016
Form of Action on Foreign Judgment
1017
Pleading and Exhibiting Foreign Judgment
1018
Plea of Statute of Limitations
1019
Judgments of Foreign Courts of Inferior Jurisdiction 852 Foreign Garnishment Proceedings
1020
CHAPTER XXII
1021
Judgment against Joint Defendants 914 Joint Debtor Acts 915 Jurisdiction of SubjectMatter PART V FRAUD AS GROUND OF IMPEACHMENT 91...
1022
CONCLUSIVENESS AND EFFECT Before the Constitution
1023
Constitutional and Statutory Provisions 855 Early Cases on the Subject
1025
Mills v Duryee and Later Decisions
1027
Judgment Conclusive on the Merits
1029
Chancery Decrees Equally Conclusive 859 Full Faith and Credit to be Given 858
1031
Validity and Effect how Ascertained
1034
No Greater Effect to be Given than the Judgment has at Home
1035
Judgment not Executory in Foreign State
1036
Rank and Priority
1037
Original Cause of Action Merged
1038
Lis Pendens in Another State no
1039
Judgment for Defendant as a Defense
1041
Vacation or Reversal of Judgment in Assignees Hands
1122
Latent Equities of Third Persons
1135
Priority between Assignments
1137
CHAPTER XXIV
1138
CHAPTER XXV
1159
PAYMENT BY Judgment DEBTOR 986 To Whom Payment may be Made
1160
Medium of Payment
1162
Tender 989 Payment of Less than Whole Amount
1163
Evidence of Payment 991 Keeping Judgment Alive after Payment
1164
PRESUMPTION OF PAYMENT FROM LAPSE OF TIME 992 Common Law Presumption
1165
Evidence to Rebut Presumption
1166
Lapse of Less than Twenty Years PART III PAYMENT BY JOINT PARTY OR THIRD Person
1168
ENTRY OF SATISFACTION ON THE RECORD 1014 Entry of Satisfaction when Ordered
1188
Nature and Effect of Entry 1016 Striking off Mistaken or Fraudulent Entry
1189
Release and Discharge of Judgment
1190
Requisites of Declaration
1191
LAW JUDG V
11
Discontinuance
17
Judgment of Non Pros 703 Dismissal of Complaint 704 Judgment in Test Case 705 Agreed Judgments 706 Dismissal of Suit Agreed 707 Judgment o...
30
Demurrer to Cause of Action Stated 710 Demurrer Based on Several Grounds 711 Demurrer to Bill for Want of Equity 712 Demurrer to Evidence 7...
31
Averring Jurisdiction 876 Authentication of Record 877 Completeness of Record 878 Attestation of Clerk and Seal 879 Certificate of Judge 880 Am...
1
Defense cannot be Taken on the Merits 884 Nil Debet not a Good Plea 885 Nul Tiel Record 886 Incompleteness of Record 887 Want of Jurisdiction ...
1
Doctrine that such Judgments are to be treated as Foreign Judgments 935 Conclusiveness of Justices Judgments 936 Jurisdictional Inquiries 937 Auth...
1
Master and Servant
1
Estoppel must be Mutual 549 What constitutes Privity 550 Purchaser Pendente Lite 551 Mortgagor and Mortgagee
Sheriff and his Vendee 553 CoTenants 554 Remaindermen 555 Parties to Negotiable Paper 556 Husband and Wife 557 Guardian and Ward 558 Dec...
Effect of a Judgment as between CoDefendants 600 Judgments do not bind Strangers 601 Exception Courts of Exclusive Jurisdiction 602 Exception ...
Parties Jointly Liable
Payment by Surety 997 Release of Garnishee by Payment of Principal Judgment 998 Payment by Sheriff 999 Payment by Stranger

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