 ... as, for example, if it appear that several distinct matters may have been litigated, upon one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered, — the whole...  The Southwestern Reporter - Halaman 1401919Tampilan utuh - Tentang buku ini
 | 1877 - 558 halaman
...uncertainty on this head in the record, the whole subject-matter of the action will be at h.rge mid open to a new contention, unless this uncertainty...judgment, and give effect to the adjudication actually uiade, when the record leaves the matter in doubt, räch evidence is admissible. In this case which... | |
 | United States. Patent Office - 1878 - 466 halaman
...upon which the judgment was rendered — the whole subject-matter of the action will be at large and open to a new contention, unless this uncertainty...the matter in doubt, such evidence is admissible. Thus in the case of the Washington, Alexandria, and Georgetown Steam-Packet Company vs. Sickles, reported... | |
 | Virginia. Supreme Court of Appeals - 1878 - 934 halaman
...rendered, the whole subject matter of the action will be at large and open to a new contention, unless the uncertainty be removed by extrinsic evidence showing the precise point involved and dctermined. Idem, 404 3. The doctine touching estoppel by matter of record stated bv Burks. J. Idem,... | |
 | Isaac Grant Thompson - 1879 - 886 halaman
...be removed by extrinsic evidence showing the precise point involved <md Chrisman's Admx. v. Barman. determined. To apply the judgment and give effect...the matter in doubt, such evidence is admissible. ***** " According to Coke, an estoppel must be ' certain to every intent; ' and if upon the face of... | |
 | 1902 - 1128 halaman
...upon which the judgment was rendered,— the whole subject-matter of the action will be at large, and open to a new contention, unless this uncertainty...the precise point involved and determined. * * * To render the judgment conclusive, it must appear by the record of the prior suit that the particular... | |
 | 1883 - 710 halaman
...uncertainty on this head in the record, the whole subject-matter of the action will be at large and open to a new contention, unless this uncertainty...showing the precise point involved and determined. To the same effect are Cromioell v. County of Sac., id. 351; Garwood v. Ganvood, 29 Cal. 515; Fulton v.... | |
 | 1884 - 774 halaman
...the operation of the said mill was impeded and stopped, and the said Gerard lost, and was deprived of be removed by extrinsic evidence showing the precise...the matter in doubt, such evidence is admissible. " A decree dismissing я bill tritliout prejudice, is not a bar to a subsequent suit for the same cause... | |
 | California. Supreme Court - 1884 - 740 halaman
...uncertainty on this head in the record the whole subject-matter of the action will be at large and open to a new contention, unless this uncertainty...showing the precise point involved and determined. To the same effect arc Cromicell v. County of Sac, 94 US 351; Garwood v. Garwood, 29 Cal. 515; Fulton... | |
 | 1899 - 1156 halaman
...uncertainty on this head in the record, the whole subject-matter of the action will be at large and open to new contention, unless this uncertainty be removed...showing the precise point Involved and determined." We have carefully examined the pleadings and the Judgment in the former action. It would occupy much... | |
 | 1913 - 1174 halaman
...employed. But the rule as generally de clared in this and other states is reeognizec and it is said: "To apply the judgment, and give effect to the adjudication...leaves the matter in doubt such evidence is admissible. * « » The record wants, therefore, that certainty which is essential to its operation as an estoppel,... | |
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