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" 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... "
Reports of Cases Argued and Determined in the Court of Common Pleas for the ... - Page 74
by Charles Patrick Daly - 1891
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 3

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - 1850 - 614 pages
...jurisdiction is final and conclusive upon the parties, not only as to the matter actually determined, but as to every other matter which the parties might have litigated in the cause and might have had determined. .Per JEWETT, J. Embury*. Conner, 512 4. A fact put in issue...
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A Treatise on the Law of Real Estate: And of the Mode of Alienation Thereof ...

John Willard - 1861 - 718 pages
...Cowen, 120. Burt v. Sternberg, 4 id. 559.) It is final not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided. But to be a good bar, it must have been between the same parties, and for the same subject...
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A Digest of New York Statutes and Reports: From the Earliest ..., Volume 3

Benjamin Vaughan Abbott, Austin Abbott - 1864 - 808 pages
...jurisdiction, is, as a general rule, final, not only as to the subject-matter actually determined, but as to every other matter which the parties might have litigated in the cause. Embury t>. Conner, 8 NY (8 Comtt.), 511; reversing 2 Sandf., 98. 126. A former judgment...
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Transcript Appeals: The File of Opinions in Cases Argued Before ..., Volumes 3-4

New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 pages
...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 Opinion by DAVIES, Ch.J. the subject-matter...
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The Constitution of the United States Defined and Carefully Annotated

George Washington Paschal - 1868 - 438 pages
...a court possessing competent jurisdiction is final, not only as to the subject thereby determined, but as to every other matter which the parties might have litigated in the cause, and which they might have had decided. (Dobson v. Pearce, 2 Kernan, 165. Hollister v....
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The Constitution of the United States Defined and Carefully Annotated

George Washington Paschal - 1868 - 448 pages
...a court possessing competent jurisdiction is final, not only as to the subject thereby determined, but as to every other matter which the parties might have litigated in the cause, and which they might have had decided. (Dobson v. Pearco, 2 Kernan, 165. Hollister v....
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Albany Law Journal, Volume 32

1886 - 546 pages
...Broom Legal Maxim. "It is not only final," said Radcliffe, J., "as to the matter actually determined, but as to every other matter which the parties might have litigated in the cause, and which they might have had decided. The reasons in favor of this extent of the rule...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 5

United States. Supreme Court - 1870 - 880 pages
...a court possessing competent jurisdiction is final, not only as to the subject thereby determined, but as to every other matter which the parties might have litigated in the cause, and which they might have had decided. J Same rule prevails in the courts of New Hampshire,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 42

Nathan Howard (Jr.) - 1871 - 702 pages
...to every other matter which the parties might litigate in the cause, and which they might have had decided as incident to, or essentially connected with, the subject matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters...
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A Treatise on the Law of Judgments: Including All Final Determinations of ...

Abraham Clark Freeman - 1873 - 590 pages
...judgment."' " 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 decided, as incident to or essentially connected with the subject matter of the litigation, and...
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