| 1877 - 558 pages
...between the same parties; but to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that...there be any uncertainty on this head in the record, the whole subject-matter of the action will be at h.rge mid open to a new contention, unless this uncertainty... | |
| United States. Patent Office - 1878 - 466 pages
...record, extrinsic evidence consistent with the record may be admitted to establish the fact. Where several distinct matters may have been litigated,...one or more of which the judgment may have passed, and it remains uncertain which of them was thus litigated, and upon which the judgment was rendered,... | |
| Virginia. Supreme Court of Appeals - 1878 - 934 pages
...between the same parties. But to this operation of the judgment it must appear either upon the face of the record, or be shown by extrinsic evidence, that the precise question was riised and determined in the former suit. If there be any uncertainty on this head in the tvcord, as... | |
| Isaac Grant Thompson - 1879 - 886 pages
...between the same parties. Hut to this operation of the judgment it must appear either upon the face of the record or be shown by extrinsic evidence, that...any uncertainty on this head in the record, as for o.xample. if it appear that several distinct matters may have been litigated, upon one or more of which... | |
| 1922 - 1138 pages
...between the same parties; but, to this operation of the judgment, it must appear either upon the face of the record or be shown by extrinsic evidence that the precise question was raised and determined in a former suit." Morgan v. Mitchell, 52 Neb. 667, 72 NW 1055. Not only were the issues not the same,... | |
| 1902 - 1128 pages
...between the same parties. But to this operation of the judgment it must appear either upon the face of the record or be shown by extrinsic evidence that...upon which the judgment was rendered,— the whole subject-matter of the action will be at large, and open to a new contention, unless this uncertainty... | |
| 1883 - 710 pages
...between the same parties; but to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that...there be any uncertainty on this head in the record, the whole subject-matter of the action will be at large and open to a new contention, unless this uncertainty... | |
| 1884 - 774 pages
...between the same parties. But to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that...upon which the judgment was rendered, — the whole subject-matter of the action will be at large, and open to a new contention, unless this uncertainty... | |
| California. Supreme Court - 1884 - 740 pages
...between the same parties ; but to this operation of the judgment it must appear, either upon the face of the record, or be shown by extrinsic evidence, that...there be any uncertainty on this head in the record the whole subject-matter of the action will be at large and open to a new contention, unless this uncertainty... | |
| 1920 - 1056 pages
...should appear that the first judgment determined the actual question at issue between the parties, and that the precise question was raised and determined in the former suit. On the other hand, it is equally well settled that a fact which has been directly tried and decided... | |
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