 | 1892 - 554 pages
...error in admitting that record. The general rule is well settled-thai the estoppel of a former jndgment extends to every material matter within the issues...is not necessary to the collusiveness of a former jndgment that issue should have been taken upon the precise point controverted in the second action.... | |
 | 1886 - 546 pages
...CREDITOR'S ACTION TO REACH ACCUMULATIONS.— The general rule is well settled that the estoppel of a former judgment extends to every material matter within the...although not expressly determined, are comprehended aud involved in the thing expressly stated and decided, whether they were or were not actually litigated... | |
 | United States. Department of State - 1903 - 906 pages
...much in point: The estoppel of a former judgment extends to every material matter within the iseues which was expressly litigated and determined, and...matters which, although not expressly determined, were comprehended and involved in the thing expressly stated and decided, whether they were or not... | |
 | 1892 - 1158 pages
...no error in admitting that record. "The general rule is well settled that the estoppel of a former judgment extends to every material matter within the...determined, and also to those matters which, although net expressly determined, are comprehended and involved in the things expressly stated and decided,... | |
 | 1914 - 1254 pages
...same as the parties herein. The well-settled general rule of estoppel is that the estoppel in a former judgment extends to every material matter within the...expressly determined, are comprehended and involved in the thing expressly stated and decided, whether they were or were not actually litigated or considered.... | |
 | 1912 - 1266 pages
...general rule of law is that the former judgment extends by way of estoppel to any material matters expressly litigated and determined, and also to those...expressly determined, are comprehended and involved in the thing expressly stated and decided, whether they were or were not actually litigated. Pray v. Hegeman,... | |
 | 1908 - 1288 pages
...summary proceedings in ejectment the rule stated in Pray v. Hegcman, 98 NY 351, that the estoppel of a judgment extends to every material matter within the...which was expressly litigated and determined, and also as to those matters which, although not expressly determined, are comprehended and involved in the... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1889 - 780 pages
...PBESS AND MANCFACTCKIXG COMPANY, Respondent, v. STILLMAN R. WALKEE, Appellant. The estoppel of a former judgment extends to every material matter within the...matters which, although not expressly determined, were comprehended and involved in the thing expressly stated and decided, whether they were or were... | |
 | 1889 - 1086 pages
...is well settled. As stated by Judge ANDREWS, it "extends to every material matter within the issue which was expressly litigated and determined, and...expressly determined, are comprehended and involved in the thing expressly stated and decided, whether they were or were not actually litigated or considered."... | |
 | Melville Madison Bigelow - 1890 - 864 pages
...Harrill, 85 N. Car. 456, 462) ; Runsell v. Place, 94 US 606. The estoppel extends to everything material ' within the issues, which was expressly litigated and determined, and also to those things which, although not expressly determined, are comprehended and involved ESTOPPEL BY RECOHD.... | |
| |
The general rule is well settled that the estoppel of a former judgment extends to every material matter within the issues which was expressly litigated and determined, and also to those matters which, although not expressly determined, are comprehended... 
