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" 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 196
von Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1891
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Reports of All the Cases Decided by All the Superior Courts Relating to ...

Great Britain. Magistrates' cases - 1862 - 548 Seiten
...delivering the opinion of the judges in the H. of L. in T/ie Duchess of Kingston's case, namely, " that the judgment of a court of concurrent jurisdiction directly upon the point is as a plen, a bar, cr as evidence, conclusive between tho same parties upon the same matter directly in question...
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Reports of Cases in Law and Equity, Determined in the Supreme Court ..., Band 12

Iowa. Supreme Court - 1862 - 686 Seiten
...by the instructions given. Affirmed. WHITAKER v. JOHNSON COUNTY. 1. RES ADJUIIICATA: GENERAL RULE. The judgment of a court of concurrent jurisdiction directly upon the point in controversy, is, as a plea a bar, as evidence conclusive, between the same parties, upon the same...
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A Digest of New York Statutes and Reports: From the Earliest Period ..., Band 3

Benjamin Vaughan Abbott, Austin Abbott - 1864 - 808 Seiten
...Supreme Ct., 1815, Canfield t. Monger, 12 Johns., 347. 6. Judgment is conclusive, as plea, or evidence. The judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea in bar, or evidence, conclusive between the same parties, upon the same matter directly in question...
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The Law of Evidence, Applicable to the Courts of the Late East India Company ...

John Bruce Norton - 1865 - 666 Seiten
...Alii and others. 18th Sept. 1847. 7 SDA Rep. 393.— Tucker, Barlow & Hawkins." See also case 64. " The judgment of a Court of concurrent jurisdiction...same matter directly in question in another Court. But it is not evidence of any matter which came collaterally in question ; nor of any matter incidentally...
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Reports of Cases Argued and Determined in the Court of Queen's Bench ..., Band 2

Great Britain. Court of King's Bench, Great Britain. Court of Queen's Bench, Thomas Flower Ellis, Francis Ellis - 1865 - 1010 Seiten
...delivering the opinion of the judges in the House of Lords, in The Duchess of Kingston's Case (a), namely, that "the judgment of a Court of concurrent jurisdiction,...the same parties, upon the same matter, directly in ques(a) 2 South'* LC 643 (ed. 5). I860. tion in another Court." Applying that rule to the ROUTLEDOE...
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Reports of Cases Argued and Determined in the Court of Queen's Bench ..., Band 2

Great Britain. Court of King's Bench, Great Britain. Court of Queen's Bench, Thomas Flower Ellis, Francis Ellis - 1865 - 1002 Seiten
...delivering the opinion of the judges in the House of Lords, in The Duchess of Kingston's Case (a), namely, that "the judgment of a Court of concurrent jurisdiction,...the same parties, upon the same matter, directly in ques(a) 2 Smith' i LC 643 (ed. 5). 1860. tion in another Court." Applying that rule to the BOUTLEDOB...
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A Treatise on the Law of Evidence, Band 1

Simon Greenleaf - 1866 - 756 Seiten
...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,...same matter, directly in question in another court ; secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is, in...
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The Law of Contracts, Band 2

Theophilus Parsons - 1866 - 830 Seiten
...that the judgment of а court of concurrent jurisdiction, directly upon the ¡mint, is, as a pica, a bar, or, as evidence, conclusive between the same...same matter, directly in question in another court. Secondly, that the judgment of a court of exclusive jurisdiction directly Ufton the point, is, in like...
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Canadian Criminal Cases Annotated: A Series of Reports of Important ..., Band 16

1911 - 636 Seiten
...of Broom's Maxims, however, the rules are differently stated and are laid down as follows : — "1. The judgment of a Court of concurrent jurisdiction,...same matter, directly in question in another Court. 2. The judgment of a Court of exclusive jurisdiction, directly upon the point, is, in like manner,...
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Cases on Common Law Pleading: Selected from Decisions of English and ...

Clarke Butler Whittier - 1912 - 434 Seiten
...opinion of the judges on the trial of the Duchess of Kingston, 20 How. St. Tr. 537, 538. He there said, "that the judgment of a court of concurrent jurisdiction...same matter, directly in question in another court." This rule was especially recognized and acted upon in Gardner v. Buckbee, 3 Cow. 120, 15 Am. Dec. 256,...
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