 | Missouri. Courts of Appeals - 1907 - 826 pages
...form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation and which the parties exercising reasonable diligence might have brought forward at the time." The intolerance expressed by the authorities of the practice of splitting a single cause... | |
 | Wyoming. Supreme Court - 1883 - 524 pages
...the matter actually determined, but as to every other matter which properly belongs to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time, and this is so, whether the trial be had upon the merits to a jury, or judgment be upon a... | |
| |
The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation,... 
