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
| Melville Madison Bigelow - 1872 - Страниц: 732
...for polygamy. As one of the preliminary steps in the opinion of the judges, De Grey, CJ, said that from the variety of cases relative to judgments being...given in evidence in civil suits, these two deductions seemed to follow as generally true : first, that the judgment of a court of concurrent jurisdiction,... | |
| Bombay (India). High Court of Judicature, Bombay (Presidency). Supreme Court - 1872 - Страниц: 776
...on a strict construction of the vrords of Sec. 2 of the Code, but on the general principle that 'he judgment of a court of concurrent jurisdiction, directly upon the point, is conclusive evidence between the same parties upon the same matter directly in question in another court.... | |
| 1873 - Страниц: 642
...now be answered. The rule applicable to it is laid down in The Ditches* of Kinfftton'i case (4): — first, that the judgment of a Court of concurrent...jurisdiction, directly upon the point is, as a plea, a bar, or IIH evidence, conclusive, between the same parties upon the same matter, directly in question in another... | |
| Ohio. Supreme Court - 1901 - Страниц: 894
...Watts, 191, and by Lewis, J., in Lentz v. Wallace, 17 Pa. St., 412, is the true one and well expressed : '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, on the same matter, directly in question... | |
| Thomas Foster Withrow, Edward Holcomb Stiles - 1875 - Страниц: 722
...arriving ata conclusion, such are not matters adjudicated. Ibid. 198. Res adjudicate: general rule. The judgment of a court of concurrent jurisdiction directly upon the point in controversy, is, as a plea, n bar, evidence conclusive between the same parties, upon the same matter... | |
| Nevada. Supreme Court - 1878 - Страниц: 524
...the district court for n writ of certiorari, must seek his remedy by appeal. (1 Comp. L. 1506.) II. 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 in... | |
| William Wait - 1879 - Страниц: 1002
...SC, 2 Sm. Lead. Gas. 573, by DE GBEY, CJ, in delivering the opinion of all the judges. He says : " From the variety of cases relative to judgments being...generally true. First, that the judgment of a court of competent jurisdiction, directly upon the point, is, as a plea, a bar, or, as evidence, conclusive... | |
| William J. Henry, William Logan Harris - 1879 - Страниц: 534
...Lore? Chief-Justice Delsrey in delivering his celebrated judgment, said: " From the variety of causes relative to judgments being given in evidence in civil...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... | |
| David Sutherland (barrister-at-law.), Great Britain. Privy Council. Judicial Committee - 1880 - Страниц: 1060
...opinion delivered by the Judges in the Duchess of Kingston's case the following passage : — " From the cases relative to judgments being given in evidence...Court of concurrent jurisdiction directly upon the points is, as a plea, a bar, or as evidence, conclusive between the same parties upon the same matter... | |
| 1882 - Страниц: 976
...(1), in delivering the opinions of the Judges in the House of Lords, Chief Justice DeGrey says : *c From the variety of cases relative to judgments being given in *' evidence in civil suits, the deduction seems tojfollow as gener<c ally true, that the judgment of a Court of concurrent jurisdic1... | |
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