 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1824 - 1040 pages
...ii lO'UijMi; !>•(/, v ': .•_>. w , A it ji! .••'' (a) Howefft SU 2V. vol. M, p. £3& 1824. though within their jurisdiction ; nor of Any matter...Incidentally cognizable , nor of any matter to be in^ erre< ^ by argument from the judgment." The princiKNAITOIT. antsof" pj Cj therefore, is, that the... | |
 | Sir John Comyns - Law - 1825 - 1026 pages
...upon the same matter coming incidentally in question in another court, between the same parties, fora different purpose. But neither the judgment of a concurrent...collaterally in question, though within their jurisdiction, or of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment.... | |
 | Jeremy Bentham - 1827 - 684 pages
...is not evidence, even between the same parties, " of any matter which came collaterally in question, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment."* By the words not evidence, lawyers sometimes mean one thing, sometimes another: here,... | |
 | Joseph Chitty - Forms (Law) - 1831 - 780 pages
...upon the point in question, and is not evidence of any matter which came collaterally in question, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment. 20 How. St. Tr. 533.— 1 Salk. 290. As to the effect of a judgment as regards the parties... | |
 | Henry Roscoe - Evidence (Law) - 1831 - 788 pages
...iipon the point in question, and is not evidence of any matter which came collaterally in question, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from, the judgment. Due. of Kingston's case, 20 How. St. Tr. 533^ Blackham's case, 1 Sulk. 290. r.fect of... | |
 | Richard Burn - Justices of the peace - 1831 - 1154 pages
...&c. they are conclusive. Rose. 80. They are not evidence of matters coming collaterally in question, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from the record. 20 How. St. Tri. 533. As to the effect of convictions, see post, 51. Proof by Record itself,... | |
 | Thomas Starkie - Evidence (Law) - 1833 - 864 pages
...any matter which came collaterally in question, although it was within the jurisdiction of the court, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment, as having constituted one of the grounds of that judgment (a). For it is obvious, that... | |
 | Pennsylvania. Supreme Court, Frederick Watts - Law reports, digests, etc - 1836 - 538 pages
...directly npon the point, is in like manner conclusive upon the same matter between the same parties coming incidentally in question in another court for a different...or exclusive jurisdiction is evidence of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment. Hibshman v.... | |
 | Samuel March Phillipps - Evidence (Law) - 1838 - 586 pages
...the point, is, in like < manner, conclusive upon the same matter, between the same parties, coming incidentally in question in another Court, for a different...nor of any matter to be inferred by argument from the judgment. "It is certainly true, as a general principle, that a transaction between two parties... | |
 | Samuel March Phillipps - Evidence (Law) - 1838 - 1358 pages
...upon the point, is, in like manner, conclusive upon the same matter, between the same parties, coming incidentally in question in another Court, for a different...jurisdiction ; nor of any matter incidentally cognizable ; (1) Tomkinsc. Ashley, Mo. & M. 32. (2) Vide supra, as to taking the whole answer together, and as... | |
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But neither the judgment of a concurrent or exclusive jurisdiction is evidence of any matter which came collaterally in question, though within their jurisdiction, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument... 
