 | United States. Supreme Court - 1846 - 764 páginas
...acknowledged, that the judgment or decree of a court, having jurisdiction is not only final as to the matter determined, but as to every other matter which the...might litigate in the cause, and which they might have had decided." Per Kent, Justice, on page 502. " Every person is bound to take care of his own rights,... | |
 | 1884 - 520 páginas
...Scheu e. Biehn. The judgment is final and conclusive between the parties, not only as to the matters actually determined, but as to every other matter which the parties might have litigated, and have decided as incident to or essentially connected with the subject matter of... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1885 - 730 páginas
...hearing. If it should, it is too late te show it now. "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 determined." Stodghill v. C., B. & QR Co., 53 Iowa, 345. The plaintiffs... | |
 | 1885 - 940 páginas
...of action is merged and gone forever." Broom, Leg. Max. "It is not only final," says 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... | |
 | Morris March Estee - 1885 - 880 páginas
...court." The judgment or decree of a court of competent jurisdiction is not only final as to the matters actually determined, but as to every other matter which the parties might have litigated and had decided under the pleadings.4 So a failure to plead a defense which the party... | |
 | 1886 - 774 páginas
...determined, is conceded on both sides, and can admit of no doubt. The principle, however, extends further. It is not only final as to the matter actually determined,...might litigate in the cause, and which they might have had decided: Prec, in ,Cha. 221; 3 Atk. 224; 1 Vern. 176; 2 H. Bl. 414; 7 TR 269; 2 Cas. in Cha. 95;... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1886 - 612 páginas
...JUDGMENT — EBB JUDICATA .— A former judgment is final and conclusive between the parties, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and had decided as incident to, or essentially connected with, the subject-matter of... | |
 | Arthur George Sedgwick, Frederick Scott Wait - 1886 - 956 páginas
...force of a judgment, as to hold that the judgment is an estoppel not only as to the matters which were actually determined, but as to every other matter which the parties might with reasonable diligence have litigated, and had decided in the former action, either as matter of... | |
 | 1904 - 1432 páginas
...It is claimedthat they were, upon the principle, so often and so broadly laid down, that a Judgment "is not only final as to the matter actually determined,...might litigate in the cause, and which they might have had decided." Foster v. Wells, 4 Tex. 104; Nichols v. Dibrell, 61 Tex. 541; Freeman v. McAnlnch, 87... | |
 | 1894 - 1208 páginas
...cannot be controverted. The principle, however, extends further. It is not only final as to the matters actually determined, but as to every other matter...might litigate in the cause, and which they might have had decided. Le Guen v. Gouverneur, 1 Johns. Cas. 436; Fischli v. Fischli, 1 Blackf. 300. But it la... | |
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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... 
