 | 1832 - 504 էջ
...considered at rest forever ; and this principle embraces not only what was actually determined, but every other matter which the parties might have litigated in the cause. Fischli v. Fischli, 1 Blackford, 360. FRAUD AND FRAUDULENT CONVEYANCE. 1. Possession retained by the... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - 1850 - 614 էջ
...competent jurisdiction is final and conclusive upon the parties, not only as to the matter actually determined, but as to every other matter which the parties might have litigated in the cause and might have had determined. .Per JEWETT, J. Embury*. Conner, 512 4. A fact put in issue by the record... | |
 | John Willard - 1861 - 718 էջ
...Buckbee, 3 Cowen, 120. Burt v. Sternberg, 4 id. 559.) It is final not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided. But to be a good bar, it must have been between the same parties, and for the... | |
 | Henry Whittaker - 1863 - 1154 էջ
...judgment is also, as a general rule, conclusive, not only as to the matter actually determined, but also as to every other matter which the parties might have litigated in the cause, and might have had determined in such litigation. Embury vs. Conner, 3 Comst., 511 (522). And the same... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1863 - 580 էջ
...considered at rest forever ; and that this principle embraces not only what was actually determined, but every other matter which the parties might have litigated in the cause." As we understand the latter branch of the rule, it relates simply to every matter which might have... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 808 էջ
...court possessing jurisdiction, is, as a general rule, final, not only as to the subject-matter actually determined, but as to every other matter which the parties might have litigated in the cause. Embury t>. Conner, 8 NY (8 Comtt.), 511; reversing 2 Sandf., 98. 126. A former judgment is a bar, not... | |
 | George Washington Paschal - 1868 - 448 էջ
...The rule is undeniable that the judgment or decree of a court possessing competent jurisdiction is final, not only as to the subject thereby determined,...the cause, and which they might have had decided. (Dobson v. Pearco, 2 Kernan, 165. Hollister v. Abbott, 11 Foster, 448; Rathbone v. Terry, 1 Rhode Island,... | |
 | George Washington Paschal - 1868 - 438 էջ
...The rule is undeniable that the judgment or decree of a court possessing competent jurisdiction is final, not only as to the subject thereby determined,...the cause, and which they might have had decided. (Dobson v. Pearce, 2 Kernan, 165. Hollister v. Abbott, 11 Foster, 448; Rathbone v. Terry, 1 Rhode Island,... | |
 | George Washington Paschal - 1868 - 538 էջ
...court possessing competent jurisdiction is final, not only as to the subject thereby determinée!, but as to every other matter which the parties might...the cause, and which they might have had decided. (Dobson v. Pearce, 2 Kernau, 165. Hollister v. Abbott, 11 Foster. 448; Rathbone v. Terry, 1 Rhode Island,... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 էջ
...adds : " 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 Opinion by DAVIES, Ch.J. the subject-matter... | |
| |
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... 
