 | Simon Greenleaf - 1856 - 576 Seiten
...original payee. i DUCHESS OF KINGSTON'S CASE, 11 State Tr. 261; 20 How. ;St. Tr. 538 ; 2 B. & C. 887. " 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... | |
 | William Wetmore Story - 1856 - 848 Seiten
...concurrent jurisdiction, directly upon tho point, is as a plea, a bar, or as evidence, conelusive, between the same parties, upon the same matter directly in question in another court; secondly, that the judgment of a court of exelusive jurisdiction, directly upon the point, is in like... | |
 | Emer de Vattel - 1856 - 668 Seiten
...of competent jurisdiction directly upon a point, is, as a plea, a bar, or, as evidence, conelusive, between the same parties upon the same matter directly in question in another court. (See Ditrliea of King$ton't case, 20 Howell's State Trials, 538 ; and see Bui. X. Pri. 241 ; Phillips... | |
 | Bengal (India). Sadr Dīwānī ʻAdālat - 1858 - 1208 Seiten
...upon the same grounds as those on a consideration of which the Court had previously rejected it *' The judgment of a court of concurrent jurisdiction directly upon the point," says Lord Chief Justice DeGrey in the Duchess of Kingston's case, " is, as a plea, a bar, or as evidence,... | |
 | John Bruce Norton - 1859 - 638 Seiten
...Alii and others. 18th Sept. 1847. 7 8. DA 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... | |
 | Hiram Denio - 1859 - 652 Seiten
...up in answer to this action ; and, upon demurrer, judgment was rendered in his favor. We have then the judgment of a court of concurrent jurisdiction directly upon the point made by this suit ; and nothing is better settled than that such a judgment, so long as it remains... | |
 | 1860 - 768 Seiten
...of Kingtun's case, 2 Smith's Leading Cases, 424, which conclusively establishes the proposition, " that the judgment of a court of concurrent jurisdiction...same matter directly in question in another court." In giving judgment, Cockburu, CJ, says, in reference to the foregoing proposition, " Applying that... | |
 | 1860 - 774 Seiten
...Cases, 424, which conclusively establishes the proposition, " that the judgment of a court of conurrvut jurisdiction directly upon the point is, as a plea,...same matter directly in question in another court." In giving judgment, Cockburn, CJ, says, in reference to th-j foregoing proposition, " Applying that... | |
 | South Carolina. Court of Appeals, Langdon Cheves - 1860 - 336 Seiten
...relative to judgments being given in evidence in civil suits, it seems to follow, as generally true, 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... | |
 | William Macpherson - 1860 - 592 Seiten
...judgment already pronounced, such judgment being adduced as evidence of particular fact in a suit. The judgment of a Court of concurrent jurisdiction directly upon the point, is, as evidence, conclusive between the same parties upon the same matter directly in question in another... | |
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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,... 
