 | William Henry Malone - Real property - 1883 - 824 pages
...have gone so far as to hold that the judgment is an estoppel, not only as to the matters which were actually determined, but as to every other matter which the parties might, with reasonable diligence, have litigated and had decided in the former action, either as matter of... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1884 - 894 pages
...Judge Radcliffe said : " The principle, however, extends farther. It is not only final as to matters actually determined, but as to every other matter which the parties might litigate in the cause, and which they might have had decided." 3 Atk. 224; 2 H. Bl. 414; 7 TR 269;... | |
 | Civil procedure - 1884 - 520 pages
...Scheu e. Biehn. The judgment is final and conclusive between the parties, not only as to the matters actually determined, but as to every other matter which the parties might have litigated, and have decided as incident to or essentially connected with the subject matter of... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1885 - 730 pages
...that hearing. If it should, it is too late te show it now. "An 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 determined." Stodghill v. C., B. & QR Co., 53 Iowa, 345. The plaintiffs... | |
 | Law reports, digests, etc - 1885 - 940 pages
...71 ; Brummayiii v. Ambrose, 48 Cal. 368. "The judgment is final and conclusive between the parties, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have decided as incident to or essentially connected with the subject-matter of... | |
 | Law reports, digests, etc - 1885 - 1070 pages
...defense. The court there states the rule: "The judgment is final and conclusive between the parties, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have decided as incident to or essentially connected with the subject-matter of... | |
 | Morris March Estee - Civil procedure - 1885 - 880 pages
...court." The judgment or decree of a court of competent jurisdiction is not only final as to the matters actually determined, but as to every other matter which the parties might have litigated and had decided under the pleadings.4 So a failure to plead a defense which the party... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1886 - 612 pages
...POEMEE JUDGMENT — EBB JUDICATA .— A former judgment is final and conclusive between the parties, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and had decided as incident to, or essentially connected with, the subject-matter of... | |
 | Law reports, digests, etc - 1886 - 774 pages
...both sides, and can admit of no doubt. The principle, however, extends further. It is not only final as to the matter actually determined, but as to every other matter which the parties might litigate in the cause, and which they might have had decided: Prec, in ,Cha. 221; 3 Atk. 224; 1 Vern.... | |
 | Arthur George Sedgwick, Frederick Scott Wait - Land titles - 1886 - 956 pages
...force of a judgment, as to hold that the judgment is an estoppel not only as to the matters which were actually determined, but as to every other matter which the parties might with reasonable diligence have litigated, and had decided in the former action, either as matter of... | |
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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 the subject-matter... 
