 In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated...  Limiting Scope of Injunctions in Labor Disputes - Page 634by United States. Congress. Senate. Committee on the Judiciary - 1928 - 732 pagesFull view - About this book
 | United States. Supreme Court - Courts - 1953 - 874 pages
...In a subsequent action between the same parties on a different claim, a judgment is conclusive only as to the point or question actually litigated and determined in the original action, not as to what might have been litigated and determined. Pp. 504-505. (b) The decisions entered by the... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1912 - 966 pages
...where it is sought to apply the estoppel of a judgment upon one cause of action to matters arising upon a suit upon a different cause of action, the inquiry must always be to the point or question actually litigated and determined in the original action, not what might have... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1914 - 770 pages
...is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must...Only upon such matters is the judgment conclusive iu another action. Scliilstrn v. Van Den Henvel. 82 Eg. The doctrine of this case was approved by this... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1894 - 722 pages
...is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry...what might have been thus litigated and determined, for it is only upon such matters as were actually litigated and determined that the judgment is conclusive."... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1898 - 924 pages
...cases, therefore, when it is sought to apply the estoppel of a judgment in one case to matters arising in a suit upon a different cause of action, the inquiry...determined in the original action, not what might have been litigated or determined." In accordance with this view, it had been held in Steam Packet Company v.... | |
 | United States. Court of Claims - Law reports, digests, etc - 1940 - 756 pages
...judgment rendered upon one cause of action to matters arising in a suit upon a Opinion of the Court different cause of action, the inquiry must always...matters is the judgment conclusive in another action. The difference in the operation of a judgment in the two classes of cases mentioned is seen through... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - Law reports, digests, etc - 1882 - 776 pages
...is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true that the claim... | |
 | William A. Shinn - Bankruptcy - 1879 - 636 pages
...is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry...question actually litigated and determined in the former action, not what might have been thus litigated and determined." While it is true the claim... | |
 | Law reports, digests, etc - 1919 - 2040 pages
...Is sought to apply the estoppel of a Judgment rendered upon one cause of notion to matters arising in a suit upon a different cause of action, the inquiry...matters is the judgment conclusive in another action." See McNamara v. Home Land & Cattle Co., 121 Fed. 797, 58 C. CA 245 ; Miller v. Margerie, 170 Fed. 710,... | |
 | Law reports, digests, etc - 1886 - 1942 pages
...is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry...matters is the judgment conclusive in another action. * * * It is not believed that there are any cases going to the extent that because in the prior action... | |
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