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" 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... "
Connecticut Reports: Containing Cases Argued and Determined in the Supreme ... - Page 107
by Connecticut. Supreme Court of Errors - 1891
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The New York Supplement, Volume 219

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...
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Atlantic Reporter, Volume 22

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...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Volume 3

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...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 121

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...
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Papers Relating to the Foreign Relations of the United States

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...
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Papers Relating to the Foreign Relations of the United States

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...
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The New York Supplement, Volume 42

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."...
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The New York Supplement, Volume 171

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...
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The Northeastern Reporter, Volume 20

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....
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The New York Supplement, Volume 65

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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