| 1927 - 1066 pages
...Court of Appeals, said, at page 358 : "The general rule is well settled that the estoppel of a former judgment extends to every material matter within the...also to those matters which, although not expressly (219N.T.8.) determined, are comprehended and involved in the thing expressly stated and decided, whether... | |
| 1892 - 1276 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...or were not expressly litigated or considered. It IK not necessary to the conclus! veness of л former judgment that Issue should have been taken upon... | |
| New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1893 - 742 pages
...result was that another installment was payable on the first of December. " 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... | |
| New York (State). Supreme Court. Appellate Division - 1907 - 1074 pages
...— final order in summary proceedings no bar to tenant's action for fraud. The estoppel of a former judgment extends to every material matter within the issues which was expressly litigated ayd determined and also to those matters which although not expressly determiiK:d were comprehended... | |
| United States. Department of State - 1903 - 906 pages
...case of Manufacturing Company v. Walker (114 New York, 7) is much in point: 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 not... | |
| United States. Department of State - 1903 - 906 pages
...point: The estoppel of a former judgment extends to every material matter within thé issues whicn was expressly litigated and determined, and also to...matters which, although not expressly determined, were comprehended and involved in thé thing expressly stated and decided, whether they were or not... | |
| 1897 - 1198 pages
...think it was correct. The general rule of law is that a former judgment extends by way of estoppel ''to every material matter within the issues which...expressly determined, are comprehended and involved in the thing expressly stated and decided, whether they were or were not actually litigated or considered."... | |
| 1918 - 1236 pages
...where on page 358 Andres, J., says: "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 ami involved In the thing expressly stated and decided, and whether they were or were not actually... | |
| 1889 - 910 pages
..."that the estoppel of a former judgment extends to every material matter within the issues which waa expressly litigated and determined, and also to those...expressly determined, are comprehended and involved in the thing expressly stated and decided, and whether they were or were not actually litigated or considered.... | |
| 1900 - 1256 pages
...Ct. extends to every material matter within the issue which is expressly litigated and determined, as also to those matters which, although not expressly determined, are comprehended and involved in the thing expressly stated and decided, whether they were or were not actually litigated or considered.... | |
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