 First, that the judgment of a court of concurrent jurisdiction directly upon the point is, as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court.  The Law Times - Стр. 651870Полный просмотр - Подробнее о книге
 | Richard Newcombe Gresley - 1847 - Страниц: 744
...House of Lords, CJ De Grey laid down the rules of law on the subject, with this distinction: " From a variety of cases, relative to judgments being given...these two deductions seem to follow, as generally true:—first, that r 326 1 the judgment of a Court of concurrent jurisdiction, directly upon the point,... | |
 | Alabama. Supreme Court - 1871 - Страниц: 818
...intended something more than to make the judgments of State courts prima facie only. In civil cases the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, and as evidence, conclusive, between the same parties upon the same matter directly in question in... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1850 - Страниц: 712
...trial. The general rule laid down in Chief Justice Eyre's judgment in the Duchess of Kingston's case is, that the judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea in bar, or, as evidence, conclusive between the same parties upon the same matter directly in question... | |
 | Asa Kinne - 1852 - Страниц: 736
...general rule as to when a judgment will be a bar to a subsequent action 1 The general rule is : 1. That the judgment of a court of concurrent jurisdiction directly upon the point, is as a plea, a oar, or as evidence conclusive between the same parties, upon the same matter directly in question... | |
 | William Wetmore Story - 1856 - Страниц: 848
...20 How. St. Trials, 538, which is the leading case on this subject, Lord Chief Justice De Gray said: "From the variety of cases relative to judgments being...a court of concurrent jurisdiction, directly upon tho point, is as a plea, a bar, or as evidence, conelusive, between the same parties, upon the same... | |
 | Simon Greenleaf - 1856 - Страниц: 576
...original payee. i DUCHESS OF KINGSTON'S CASE, 11 State Tr. 261; 20 How. ;St. Tr. 538 ; 2 B. & C. 887. " The judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea in bar, or as evidence, conclusive between the same parties, upon the same matter directly in question... | |
 | Bengal (India). Sadr Dīwānī ʻAdālat - 1858 - Страниц: 1208
...upon the same grounds as those on a consideration of which the Court had previously rejected it *' The judgment of a court of concurrent jurisdiction directly upon the point," says Lord Chief Justice DeGrey in the Duchess of Kingston's case, " is, as a plea, a bar, or as evidence,... | |
 | Hiram Denio - 1859 - Страниц: 652
...up in answer to this action ; and, upon demurrer, judgment was rendered in his favor. We have then the judgment of a court of concurrent jurisdiction directly upon the point made by this suit ; and nothing is better settled than that such a judgment, so long as it remains... | |
 | William Macpherson - 1860 - Страниц: 592
...judgment already pronounced, such judgment being adduced as evidence of particular fact in a suit. The judgment of a Court of concurrent jurisdiction directly upon the point, is, as evidence, conclusive between the same parties upon the same matter directly in question in another... | |
 | South Carolina. Court of Appeals, Langdon Cheves - 1860 - Страниц: 336
...Kingston's case, Ch. J. De Grey, in delivering his judgment, holds the following language: " From a variety of cases, relative to judgments being given in evidence in civil suits, it seems to follow, as generally true, that the judgment of a Court of concurrent jurisdiction, directly... | |
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