 From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar,...  Reports of Cases in the Supreme Court of Nebraska - Seite 196von Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1891Vollansicht - Über dieses Buch
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1849 - 706 Seiten
...Kingston's case, (11 St. Trials, 261, SC 20 HoweWs St. Tr. 538,) laid down the following rule, viz. "That the judgment of a court of concurrent jurisdiction...upon the same matter directly in question in another suit." The supreme court, in Jackson \. Wood, (3 Wend. 27.) repudiated that part of this rule which... | |
 | South Carolina. Court of Appeals, James Albert Strobhart - 1850 - 576 Seiten
...to follow as generally true, 1st. That the judgment of a Court of concurrent jurisdiction, c!U424. directly upon the point, is, as a plea, a bar, or as evidence conclusive between the same parties on the same matter." — Chev. R. 236; The same doctrine is to be found in our cases of Prather v.... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1850 - 712 Seiten
...trial. The general rule laid down in Chief Justice Eyre's judgment in the Duchess of Kingston's case is, that the judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea in bar, or, as evidence, conclusive between the same parties upon the same matter directly in question... | |
 | Emer de Vattel, Edward Duncan Ingraham - 1852 - 670 Seiten
...Grey, CJ that the judgment of a court of competent jurisdiction directly upon a point, is, as a pita, a bar, or, as evidence, conclusive, between the same...same matter directly in question in another court. (See Duchess of Kingston'* case, 20 Howell's State Trials, 538 ; and sec Bui. N. Pri. 244 ; Phillips... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1854 - 650 Seiten
...cannot be sustained. It is a well settled general principle, that the judgment of a Court of competent jurisdiction directly upon the point, is, as a plea,...as evidence conclusive, between the same parties, or their privies, upon the same matter directly in question in another Court, and that no matter once... | |
 | Asa Kinne - 1852 - 736 Seiten
...general rule as to when a judgment will be a bar to a subsequent action 1 The general rule is : 1. That the judgment of a court of concurrent jurisdiction directly upon the point, is as a plea, a oar, or as evidence conclusive between the same parties, upon the same matter directly in question... | |
 | Nathan Howard (Jr.) - 1852 - 576 Seiten
...one in our laws that the judgment of a court of competent jurisdiction directly upon the point is, as evidence, conclusive between the same parties upon...same matter directly in question in another court (1 Phil Ev. 333). This rule be' Welch agt. Cook. prevailed in every system of jurisprudence with which... | |
 | Emer de Vattel - 1852 - 666 Seiten
...competent jurisdiction directly upon a point, is, as a plea, a bar, or, as evidence, conclusive, lietween the same parties upon the same matter directly in question in another court. (See Ductless of kingston't case, 20 HowelPs State Trials, 538 ; and sec Bui. N. Pri. 244 ; Phillips... | |
 | John Bouvier - 1854 - 790 Seiten
...be considered a rule of law, founded not less upon adjudged cases, than it is upon reason : first, that the judgment of a court of concurrent jurisdiction,...same matter, directly in question in another court. Secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is, in like... | |
 | John Bouvier - 1854 - 788 Seiten
...than it is upon reason : first, that the judgment of a court of concurrent jurisdiction, directly upgn the point, is, as a plea, a bar ; or, as evidence,...same matter, directly in question in another court. Secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is, in like... | |
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