 | Joseph Chitty - Forms (Law) - 1851 - 526 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... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...parties coming incidentally in question, in another court. But, neither the judgment of a concurrent nor exclusive jurisdiction, is evidence of any matter...nor of any matter to be inferred by argument from the judgment. — Bradshaw v. Heath, 13 Wendell, 419. Where the former judgment has not been rendered... | |
 | Herbert Broom - Legal maxims - 1852 - 616 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...purpose. But neither the judgment of a concurrent \ Heath, J., Brisbane v. Dacres, 6 Taunt. 160 ; ECLR 1. Cobden v. Kendrick, 4 TR 432, if it can be... | |
 | Herbert Broom - Legal maxims - 1854 - 622 pages
...1 Y. & Coll. 588, 689. * Judgment, Rex T. Carlile, 2 B. & Ad. 867; ECLR 22. 5 Ib. 1 Inst. 260. nor exclusive jurisdiction is evidence of any matter which...*in question, though within their jurisdiction, nor fifC) .„ of any matter incidentally cognizable, nor of any matter to be ^ inferred by argument from... | |
 | William Mawdesley Best - Cross-examination - 1854 - 930 pages
...extend to any matter which came collaterally in question, though within the jurisdiction of the court; nor of any matter incidentally cognizable ; nor of any matter to be inferred by argument, unless perhaps by necessary inference, from the judgment («). (p) Co. Lilt. 103 a. wring the opinion... | |
 | John William Smith - Law reports, digests, etc - 1855 - 798 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...nor of any matter to be inferred by argument from the judgment. See Greenl. Ev. 565 ; 1 Phil. Ev. 321 ; Hale's Com. Law 33, note.' " All are agreed in... | |
 | William Wetmore Story - Contracts - 1856 - 848 pages
...question in another court, for a different puq,ose. But neither the judgment of a concurrent or exelusive jurisdiction is evidence of any matter which came...nor of any matter to be inferred by argument from the judgment." See, also, Harvey r. Richards, 2 Gall. R. 229; Hibshman r. Dullebau, 4 Watts, R. 191;... | |
 | John Bruce Norton - 1859 - 638 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 con.(?) When the former «nit referred to a mortgage transaction, the second... | |
 | Joseph Goodeve - Evidence - 1862 - 776 pages
...conclusive upon the same matter coming incidentally in question in another court, between the same parties, for a different purpose. But neither the judgment...nor of any matter to be inferred by argument from the judgment." In reference to the distinction taken by the Chief Justice between _.. . , Courts of... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1862 - 686 pages
...further one, that neither the judgment of a court of concurrent or exclusive jurisdiction is evidence of any matter incidentally cognizable, nor of any matter to be inferred by argument. And thus we might by reference to the other cases cited by counsel, show how far they fall short of... | |
| |
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... 
