 | New York (State). Superior Court (New York), Joseph S. Bosworth - Law reports, digests, etc - 1861 - 780 pages
...85; Swart v. Borst, -17 id., 69.) II. The former judgment was conclusive upon the parties, not only as to the matter actually determined, but as to every other matter which might have been litigated therein. (Bendernagl e v. Cocks, 19 Wend., 207; Embury v. Conner, 3 Comst,... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 808 pages
...defence to a suit at law, but omitted to do it, Incannot maintain a bill in chancery for the same fraud. The judgment or decree of a court possessing competent...determined, but as to every other matter which the parties neglect to litigate in the cause, and which thi>y might have had decided. Ct. of Errors, 1800, The... | |
 | New York (State). Court of Appeals, Joel Tiffany - Law reports, digests, etc - 1868 - 1050 pages
...action or proceeding." And he adds : " Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with Opinion by DAVIES,... | |
 | George Washington Paschal - Constitutional law - 1868 - 438 pages
...203 : D'Arcy v. Ketchum, 11 Id. 165 ; Webster v. Reid, Id. 460.) 5 Wall. 302. The rule is undeniable that the judgment or decree of a court possessing competent jurisdiction is final, not only as to the subject thereby determined, but as to every other matter which the parties... | |
 | George Washington Paschal - Constitutional law - 1868 - 538 pages
...203 : D'Arcy v. Kctchum, 11 Id. 165 ; Webster v. Reid, Id. 4GO.) b Wall. 302. The rule is undeniable that the judgment or decree of a court possessing competent jurisdiction is final, not only as to the subject thereby determinée!, but as to every other matter which the parties... | |
 | Law - 1886 - 546 pages
...action is merged and gone forever." Broom Legal Maxim. "It is not only final," said Radcliffe, J., "as to the matter actually determined, but as to every other matter which the parties might have litigated in the cause, and which they might have had decided. The reasons in favor of this extent... | |
 | United States. Supreme Court - Law reports, digests, etc - 1870 - 880 pages
...doctrine is acknowledged and enforced. Indeed, the court, in effect, say that the rule is undeniable that the judgment or decree of a court possessing competent jurisdiction is final, not only as to the subject thereby determined, but as to every other matter which the parties... | |
 | Nathan Howard (Jr.) - Civil procedure - 1871 - 702 pages
...the parties. The rule of law is believed to be, that the judgment or VOL. XLIL 23 Powers ugt. Winy. decree of a court possessing competent jurisdiction, is not only final as to the subject matter thereby determined, but also as to every other matter which the parties might litigate... | |
 | Abraham Clark Freeman - Judgments - 1873 - 590 pages
...which would have led to a different judgment."' " An adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject matter... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1873 - 622 pages
...Embury v. Conner, 3 NY 511, where many authorities are collected, the court hold the following language: "That the judgment or decree of a court possessing competent jurisdiction, is, as a general rule, final not only as to the subject-matter thereby actually determined, but as to every... | |
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Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter... 
