| United States. Supreme Court - Law reports, digests, etc - 1872 - 1546 pages
...judgments being given in evidence," said the chief justice, "these two distinctions seem to follow as being generally true: first, that the judgment of a court...or, as evidence, conclusive between the same parties on the same matter directly in question in another court; secondly, that the judgment of a court of... | |
| Melville Madison Bigelow - Estoppel - 1872 - 732 pages
...payment of the vessel. That court had concurrent jurisdiction ; and the law was well settled, he said, that the judgment of a court of concurrent jurisdiction, directly upon the point, was as a plea, a bar, or as evidence it was conclusive between the same parties, upon the same matter... | |
| Law reports, digests, etc - 1873 - 642 pages
...now be answered. The rule applicable to it is laid down in The Ditches* of Kinfftton'i case (4): — first, that the judgment of a Court of concurrent...jurisdiction, directly upon the point is, as a plea, a bar, or IIH evidence, conclusive, between the same parties upon the same matter, directly in question in another... | |
| Ohio. Supreme Court - Law reports, digests, etc - 1901 - 894 pages
...Watts, 191, and by Lewis, J., in Lentz v. Wallace, 17 Pa. St., 412, is the true one and well expressed : '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, on the same matter, directly in question... | |
| Thomas Foster Withrow, Edward Holcomb Stiles - Law reports, digests, etc - 1875 - 722 pages
...arriving ata conclusion, such are not matters adjudicated. Ibid. 198. Res adjudicate: general rule. The judgment of a court of concurrent jurisdiction directly upon the point in controversy, is, as a plea, n bar, evidence conclusive between the same parties, upon the same matter... | |
| Nevada. Supreme Court - Law reports, digests, etc - 1877 - 1090 pages
...BAH TO ANOTHER ACTION. — A judgment of a fonrt of competent jurisdiction directly upon a certain point, is as a plea a bar, or as evidence conclusive, between the same parties or privies upon the same matter in any other action. Sherman v. DUlty, 17. 2. IDEM. — To make a former... | |
| Law reports, digests, etc - 1878 - 680 pages
...however, is another principle of universal application, namely—that the judgment of a Court of competent jurisdiction directly upon the point is, as a plea,...or as evidence, conclusive between the same parties and their privies. Such a judgment is an estoppel. 1 Gr. Ev., §§ 522-535. Borh these rules are founded... | |
| Nevada. Supreme Court - Law reports, digests, etc - 1878 - 524 pages
...the district court for n writ of certiorari, must seek his remedy by appeal. (1 Comp. L. 1506.) II. 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 in... | |
| William Wait - Actions and defenses - 1879 - 1002 pages
...judges. He says : " 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 competent jurisdiction, directly upon the point, is, as a plea, a bar, or, as evidence, conclusive... | |
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