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
| John Willard - 1861 - Страниц: 718
...courts of concurrent jurisdiction. (Simpson v. Hart, 1 John. Ch. 91.) Or as it is elsewhere expressed, the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea in bar, or evidence conclusive between the same parties, upon the same matter directly in question... | |
| William Cunningham Glen - 1861 - Страниц: 380
...to proceedings before justices under their summary jurisdiction, it is necessary to observe that a judgment of a court of concurrent jurisdiction directly upon the point is conclusive between the same parties upon the same matter directly in question in another court. When... | |
| Great Britain. Magistrates' cases - 1862 - Страниц: 548
...delivering the opinion of the judges in the H. of L. in T/ie Duchess of Kingston's case, namely, " that the judgment of a court of concurrent jurisdiction directly upon the point is as a plen, a bar, cr as evidence, conclusive between tho same parties upon the same matter directly in question... | |
| Iowa. Supreme Court - 1862 - Страниц: 686
...by the instructions given. Affirmed. WHITAKER v. JOHNSON COUNTY. 1. RES ADJUIIICATA: GENERAL RULE. The judgment of a court of concurrent jurisdiction directly upon the point in controversy, is, as a plea a bar, as evidence conclusive, between the same parties, upon the same... | |
| Benjamin Vaughan Abbott, Austin Abbott - 1864 - Страниц: 808
...Supreme Ct., 1815, Canfield t. Monger, 12 Johns., 347. 6. Judgment is conclusive, as plea, or evidence. The judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea in bar, or evidence, conclusive between the same parties, upon the same matter directly in question... | |
| Theophilus Parsons - 1866 - Страниц: 830
...Justice I-)c Ort'-tj there said : " From the varictv of case-; relative to judgment;* being (riven in evidence in civil suits, these two deductions seem...as generally true: — First, that the judgment of а court of concurrent jurisdiction, directly upon the ¡mint, is, as a pica, a bar, or, as evidence,... | |
| 1886 - Страниц: 546
...the judges unanimously ou the trial of the Duchess of Kingston, more than a hundred years ago (1), that the judgment of a court of concurrent jurisdiction, directly upon the point involved, was conclusive between the same parties upon the same matter directly iu question in another... | |
| Kentucky. Court of Appeals - 1875 - Страниц: 910
...Kingston's case, laid down the rule very clearly, and it has been followed ever since. He said, " Frotri the variety of cases relative to judgments being given...deductions seem to follow as generally true: First, that a judgment of a court of concurrent jurisdiction directly upon the point is, as a plea in bar or as... | |
| Hoffmann (Professor) - 1871 - Страниц: 352
...by the Lord Chief Justice De Grey in the Duchess of Kingston's case, in the following words : — " From the variety of cases relative to judgments being...these two deductions seem to follow as generally true : 1. That the judgment of a Court of concurrent jurisdiction directly upon the point, is, as a plea... | |
| Missouri. Supreme Court - 1871 - Страниц: 906
...the peace was examined, from whose testimony the foregoing facts are ascertained. There is no doubt that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea or bar ; or, as evidence conclusive, between the same parties, upon the same matter, directly in question... | |
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