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

Henry Campbell Black

West Publishing Company, 1902 - 1592 Seiten

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ORGANIZATION AND CHARACTER OF THE COURTContinued	756

Warrantor and Warrantee 568 Defenses Open to Warrantor 569 Requisites of Notice to Warrantor 570 Warrantor must have Opportunity to Defend ...	757

WHAT POINTS AND QUESTIONS ARE CONCLUDED 609 Scope of the Estoppel 610 The Four Identities 611 Matters Incidentally Considered 61...	758

ESTOPPEL BY JUDGMENT AND THE DOCTRINE OF RES JUDICATA PART I ORIGIN AND GENERAL PRINCIPLES OF THE DOCTRINE OF ...	759

In the Roman	761

Modern European Systems	762

In AngloAmerican Jurisprudence	763

The Rules Stated	764

Actions for Instalments	1133

Judgment in One Such Action as Evidence in the Next	1134

Successful Defense to one of a Series of Actions	1138

Suits for Wages	1140

Plaintiff can have but one Satisfaction	1141

DEFENSES AND COUNTERCLAIMS CONCLUDED BY FORMER JUDGMENT 754 Defenses concluded by Judgment for Plaintiff	1142

Same Adverse Title	1146

Same Fraud 757 Same Agreement to Compromise 758 Same layment	1147

Judgment can be Nothing less than Conclusive	766

Difference between Conclusiveness of Judgment and Bar by Former Recovery	767

Scope of this Chapter	769

WHAT JUDGMENTS ARE CONCLUSIVE 508 Character of the Adjudication	770

Judgment must be Final	772

Effect of Pending Appeal	774

Reversed Judgment	775

Not affected by Motion for New Trial	776

Voidable and Void Judgments	777

Erroneous Judgments	778

In Actions to Annul Judgments PART III	779

Courts of Equity 518 Decrees in Equity binding at Law and Vice Versa	781

Probate Adjudications 520 Judgments of the Federal Courts	784

Courts of Admiralty	785

Inferior Courts	786

Ecclesiastical Courts 524 CourtsMartial	787

Military Tribunals	789

Awards of Arbitrators	790

Decisions of Appellate Courts 528 Judgment given by Divided Court	793

Criminal Sentences not Evidence in Civil Issues	794

LAW JUDG	801

Decisions of U S Land Department 531 Rulings of Government Officials	804

Boards of Municipal Officers	805

Judgments conclusive on Habeas Corpus	806

OF THE PERSONS CONCLUDED BY JUDGMENTS	807

iii	841

Indemnitors	862

Persons Responsible Over	864

Judgment against City as Evidence in Action against Person Liable Over	867

Intervening Claimants	870

Landlord and Tenant	871

Parties and Privies	927

Burden of Proof	957

What Species of Evidence Receivable	958

Questions of Law or Fact 632 Inconsistent Positions in Litigation	961

CONCLUSIVENESS OF PROBATE ADJUDICATIONS 633 Probate Decrees binding	962

When Impeachable for Fraud	965

Probate of a Will	967

Evidence	968

Conclusiveness of Probate as to Realty	969

Effect of Rejection of Will 638 Parties bound by Probate	970

Plea of Nul Tiel Record	971

534a Judgment as Estoppel against United States or State 535 Persons under Disabilities	972

Appointment of Administrator	973

Grant of Administration no Proof of Death	974

Allowance or Rejection of Claims	975

Order for Sale of Land	977

Decree of Distribution	978

Settlement of Accounts	979

Appointment of Guardian 646 Order for Partition	982

Judgment in Trespass	999

Whether Judgment in Trespass is Conclusive in Subsequent Eject ment	1000

Trespass to Try Titles	1001

Judgment in Partition	1003

Parties bound by Partition	1004

661a Landlords Action for Recovery of Possession	1005

Action for Use and Occupation	1006

Forcible Entry and Detainer	1007

Action to Quiet Title	1008

Dower Proceedings 666 Foreclosure Suits	1009

Award of Arbitrators upon Title to Land	1011

Bankruptcy Proceedings PART VIII JUDGMENTS IN ACTIONS CONCERNING CHATTELS 669 Trespass	1012

Trover	1013

Replevin	1014

Detinue	1016

CHAPTER XIX	1017

MERITSContinued 720 Dismissal of Bill in Equity 721 Dismissal Without Prejudice 722 Presumption that Merits were Considered 723 Dismissal fo...	1018

DEFENSES AND COUNTERCLAIMS CONCLUDED BY FORMER JUDGMENT Continued 759 Same Usury 760 Same Discharge in Bankruptcy	1019

New Debt created by the Judgment	1026

Estoppel by Election	1027

Nousuit no	1052

Judgment on Retraxit	1055

Discontinuance	1056

Judgment of Non Pros	1057

Dismissal of Complaint	1058

Judgment in Test Case 705 Agreed Judgments	1060

Dismissal of Suit Agreed	1061

Judgment on Demurrer	1064

General Demurrer to Declaration 709 Demurrer to Cause of Action Stated	1067

Demurrer Based on Several Grounds	1069

Demurrer to Bill for Want of Equity 712 Demurrer to Evidence 713 Dismissal for Want of Jurisdiction	1070

Dismissal of Action Prematurely Brought	1072

Dismissal of Misconceived Action	1074

Dismissal on Technical Grounds	1075

Failure of Evidence 718 Defects in the Pleadings	1076

Dismissal for Defect or Want of Parties	1077

Rule against Splitting Causes of Action	1104

What Demands are Inseverable	1105

Action on Running Account	1107

Claims Omitted by Mistake	1108

Entire Claims founded on Tort	1110

Recovery in Malicious Prosecution bars Action for Slander 740 Distinct Injuries from same Tortious	1113

Distinct Trespasses	1116

Continuing Damages from Tort	1117

Distinction between Permanent and Recurring Trespass or Nuisance	1119

7tt Plaintiff not Required to Join Distinct Demands	1121

Causes of Action Distinct though Founded on Same Facts	1124

Actions on Collateral Securities 747 Successively Arising Causes of Action	1128

Breach of Continuing Covenant	1132

Matter Available as a SetOff	1151

Submission of All Matters in Difference	1153

One Claim cannot be Used both as SetOff and as Cause of Action	1154

Counterclaim not Adjudicated	1155

Voluntary Allowance of Credit or Counterclaim	1156

Equitable Defenses not Concluded by Judgment at	1157

CrossActions	1158

Action for Price of Goods and CrossAction for Breach of Warranty	1159

Action for Services and CrossAction for Negligence	1162

WHO MAY TAKE ADVANTAGE OF THE	1164

Joint Contractors	1165

One Joint Contractor a NonResident	1169

Effect of Joint Debtor Acts	1170

Successful Defense by One Joint Debtor	1171

Joint and Several Contractors	1172

Joint Judgment on Joint and Several Contract	1174

Judgments against Partners	1175

Joint TortFeasors	1176

Joint Trespassers English Rule	1177

Joint Trespassers American Rule	1178

Election between Joint and Several Action 781 Successful Defense by one Joint Trespasser	1180

Satisfaction of Judgment against	1181

PLEADING AN ESTOPPEL OF RECORD 783 Necessity of Pleading Prior Adjudication	1183

Where there is no Opportunity to Plead	1184

When Admissible under General Issue	1185

Waiver of Estoppel by Failure to Plead	1187

Conclusiveness of Judgment when not Pleaded	1188

Arguments on the Question	1190

Under Code Practice	1192

Requisites of Plea of Former Judgment	1193

Judgment recovered after Institution of Second Suit	1197

CHAPTER XX	1198

CHAPTER XXI	1218

FOREIGN JUDGMENTS IN PERSONAMContinued	1219

Foreign Adjudications in Bankruptcy	1233

FOREIGN JUDGMENTS IN PERSONAM 825 Conclusiveness on the Merits Early English Cases	1234

Distinction between Foreign Judgment as a Cause of Action and as a Defense	1235

Later English Decisions	1237

Early American Decisions	1238

Recent American Decisions	1239

Arguments on the Question	1245

Reason of the Recognition of Foreign Judgments	1246

Scotch Law of Foreign Judgments	1247

French	1248

Canadian Doctrine of Foreign Judgments	1249

Jurisdiction may be Inquired into	1250

Judgments against NonResidents	1251

ExtraTerritorial Service of Process	1254

Plea Negativing Jurisdiction	1255

Foreign Judgment in Summary Proceedings	1256

Repugnance of Judgment to Natural Justice	1257

Local or Police Regulations of Foreign Country not Enforced	1258

Mistake of Law as Ground of Impeachment	1259

Mistaken Conception of Foreign	1260

Whether Impeachable for Fraud	1263

Judgment must be Final 846 Effect of Pendency of Appeal	1265

No Merger of Original Cause of Action	1266

Form of Action on Foreign Judgment 849 Pleading and Exhibiting Foreign Judgment	1267

Plea of Statute of Limitations	1269

Judgments of Foreign Courts of Inferior Jurisdiction 852 Foreign Garnishment Proceedings	1270

CHAPTER XXII	1271

PART IV JURISDICTIONAL INQUIRIESContinued 907 Constructive Service on Residents 908 Voluntary Appearance of NonResident 909 Defend...	1272

SISTER STATE JUDGMENTS IN REM 22 Probate Adjudications 923 Garnishment Proceedings 924 Decrees in Divorce 925 Divorce Proceedings a...	1273

Jurisdiction	1330

CHAPTER XXIII	1397

Error or Irregularity no Defense 975 Plea of Payment 976 Accord and Satisfaction as a Defense 977 Discharge in Bankruptcy 978 Arrest and Impris...	1417

Interest on Judgments	1440

Rate of Interest how Determined	1441

Interest on Decrees in Equity	1442

Compounding Interest 985 Limitation of Actions on Judgments	1443

985a Mandamus to Enforce Judgments against Municipal Corporations	1445

985b Same Power of Federal Courts	1446

985c Same Prerequisites to Issuance of Writ	1448

985d Same Defenses Impeachment of Judgment	1450

985e Same Execution of Writ	1451

985f Same Effect of Limitation of Taxing Power of Municipality	1453

CHAPTER XXV	1456

ENTRY OF SATISFACTION ON THE RECORD 1014 Entry of Satisfaction when Ordered 1015 Nature and Effect of Entry 1016 Striking off Mista...	1457

Medium of Payment	1460

Tender	1461

LAW JUDG b	1489

Parties to Assignment of Judgments 942 What Judgments Assignable	1502

Agreement to Assign Future Judgment 944 Assignment of Part of Judgment 945 Mode of Assignment 946 Statutory Mode of Assignment 947 Equit...	1503

Domicile must be Bona Fide 930 Conclusiveness of Findings as to Residence	1521

Constructive Service of Process 932 Validity of Divorce Granted on Constructive Notice 933 Matters Incidental to Dissolution of Marriage	1522

Judgment as a Cause of Action	1531

Doctrine that such Judgments are to be treated as Foreign Judgments Conclusiveness of Justices Judgments 935	1540

Judgment must be Final and in Force 960 Effect of Pending Appeal 961 Judgments of Inferior Courts 962 Suits on Decrees in Chancery 963 Parties t...	1542

Jurisdictional Inquiries	1543

Authentication of Such Judgments	1544

Payment of Less than Whole Amount 990 Evidence of Payment 991 Keeping Judgment Alive after Payment	8

Common Law Presumption 993 Evidence to Rebut Presumption 994 Lapse of Less than Twenty Years	9

Principal and Agent	11

Party bound only in the Capacity in which he Appears 537 Nominal and Real Parties

Use Plaintiff 539 Stranger Prometing the Litigation 540 Person Assuming the Defense 541 Person Submitting his Interest is bound 542 Witnesses 54...

Bailor and Bailee 582 Successors in Office 583 Corporation and Stockholders 583a Corporation and Bondholders 584 Municipal Corporation and Ta...

CONCLUSIVENESS OF JUDGMENTS AS BETWEEN Federal State and TERRITORIAL COURTS

Urheberrecht

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A Treatise on the Law of Judgments: Including the Doctrine of Res ..., Band 2
Henry Campbell Black
Vollansicht - 1891

A Treatise on the Law of Judgments: Including the Doctrine of Res Judicata ...
Henry Campbell Black
Keine Leseprobe verfügbar - 2018

A Treatise on the Law of Judgments: Including the Doctrine of Res Judicata ...
Henry Campbell Black
Keine Leseprobe verfügbar - 2014

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Häufige Begriffe und Wortgruppen

adjudication Adm'r admissible alleged appear assignment Bank Barb binding bond bound brought cause of action City claim common law Conn County court of equity creditor damages debt debtor decision decree defendant determined doctrine effect ejectment equity estopped estoppel fact federal court foreign judgment former judgment fraud garnishee ground held Iowa issue judg judgment recovered judgment rendered jurisdiction jury land liable litigation matter ment merits Minn N. J. Eq N. J. Law N. Y. Supp notice Ohio St parties payment person plaintiff plea pleaded principle privies privity probate proceedings question record recovery replevin res judicata rule service of process sheriff Smedes Smith statute Strob subject-matter subsequent action subsequent suit sued sureties Tenn therein tiel tion trespass trial United validity verdict W. R. Co

Bibliografische Informationen

Titel	A Treatise on the Law of Judgments: Including the Doctrine of Res Judicata, Band 2 A Treatise on the Law of Judgments: Including the Doctrine of Res Judicata, Henry Campbell Black A treatise on the law of judgments, Henry Campbell Black
Autor/in	Henry Campbell Black
Ausgabe	2
Verlag	West Publishing Company, 1902
Länge	1592 Seiten

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