 | Ohio. Circuit Court - Law reports, digests, etc - 1923 - 620 pages
...the other ex delicto." In Southern Pacific Ed. Co. v. United States, 168 US 1, Justice Harlan says : "A right, question or fact distinctly put in issue...cannot be disputed in a subsequent suit between the Lamkin, Excr., v. Robinson et al. [32 OCA parties or their privies ; and even if the second suit is... | |
 | United States. Congress. House. Committee on the Public Lands - Natural gas - 1923 - 492 pages
...accepted in Southern Pacific RR v. United States, 168 US 1. 48-49, is, that a question of fact or of law distinctly put in issue and directly determined by...of competent jurisdiction as a ground of recovery or defense in a suit or action between parties sui juris is conclusively settled by the final judgment... | |
 | Law reports, digests, etc - 1923 - 1208 pages
...distinctly put in isene and directly determined by о < ourt of competent jurisdiction, as a ground i'f recovery, cannot be disputed in a subsequent suit between the same parties or their privies; and if the second suit is for a different cause of action, the right, question or fact once so determined... | |
 | Law reports, digests, etc - 1910 - 1050 pages
...English tribunals, but it must do so. For "the general principle announced in numerous cases is that a right, question, or fact distinctly put in issue...subsequent suit between the same parties or their privies." Southern Pacific RR v. United States, 168 US, at page 48, 18 Sup. Ct. 27, 42 L. Ed. 355. It is not... | |
 | Law reports, digests, etc - 1918 - 1016 pages
...48, 18 Sup. Ct. 18, 27 (42 L. Ed. 355) : "The general principle announced in numerous cases is that a right, question, or fact distinctly put in issue...subsequent suit between the same parties or their pi-ivies ; and even if the second suit Is for a different cause of action, the right, question, or... | |
 | Law reports, digests, etc - 1900 - 1020 pages
...1-48, 18 Sup. Ct. 27, it' is said that: "The general principle announced in numerous cases is that a right, question, or fact distinctly put in issue,...be disputed in a subsequent suit between the same parlies or their privies; and, even if the second suit is for a different cause of action, the right,... | |
 | Law reports, digests, etc - 1902 - 1052 pages
...controversy between the parties. The rule is thus stated by the supreme court of the United States : "A right, question, or fact distinctly put In Issue,...cannot be disputed In a subsequent suit between the some parties; and even If the second suit Is for a different cause of action, the right, question,... | |
 | Abraham Clark Freeman - Judgments - 1925 - 1288 pages
...721, 64 Am. St. Вeр. 830, 41 L. В. A. 703, THE JUDGMENT AS AN ESTOPPEL. §627 question or fact is distinctly put in issue and directly determined by a court of competent jurisdiction in a former suit between the same parties or their privies, the former adjudication of that fact, right... | |
 | Law reports, digests, etc - 1904 - 1060 pages
...court. If it be treated as being between the same parties or their privies, it is well established that a right, question, or fact distinctly put in issue and directly determined in the first suit cannot he disputed in a subsequent suit. Such right, question, or fact is to be taken... | |
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... right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment in the first suit remains unmodified. 
