 | 1913 - 1038 pages
...heretofore quoted and followed in the case of Crowder v. Mining Co., 127 Ala. 254, 29 South. 847: " 'The difference between the effect of a judgment as a bar...demand and its effect as an estoppel in another action between the same parties upon a different claim or cause of action is that in the former case the Judgment,... | |
 | 1915 - 1320 pages
...considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is difference between the effect of a judgment as a bar...demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action. In the former case, the judgment,... | |
 | 1926 - 1262 pages
...well taken. [2, 3] It was held m La Rue v. Kempf, 186 Mo. App. 57, 171 SW 588, that there is a wide difference between the effect of a judgment as a bar...against the prosecution of a second action upon the same claiui or demand and its effect as an estoppel in another action between the same parties upon a different... | |
 | 1902 - 1270 pages
..."In considering the operation of a Judgment, It should be borne in mind, as stated by counsel, that there Is a difference between the effect of a Judgment as a bar of estoppel against the prosecution of a second suit upon the same claim or demand and its effect as... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1888 - 710 pages
...based, a fact in utsue as distinct from a fact in controversy." (Glenn v. Savage, 14 Or. 573.) The difference between the effect of a judgment as a bar...of a second action upon the same claim or demand, aud its effect as an estoppel in another action between the same parties, upon a different claim or... | |
 | John William Smith - 1889 - 760 pages
...United Society ». Underwood, 11 Bush 265; American Bell Telephone Co. v. Albright, 32 Fed. Rep. 287. There is a difference between the effect of a judgment as a bar or estoppel against the prosecution of the same claim or demand, and its effect as an estoppel in another action between the same parties... | |
 | 1891 - 630 pages
...Mr. Justice FIELD in Cromwell v. County of Sac (94 US 352, 353) : " It should be borne in mind, that there is a difference between the effect of a judgment...demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action. In the former case, the judgment,... | |
 | 1891 - 1086 pages
...accurate statement of the law but there are two ways of considering judgments set up in bar, — that is, there is a difference between the effect of a judgment...estoppel against the prosecution of a second action on the same demand and its effect as an •estoppel in another action between the same parties upon... | |
 | Austin Abbott - 1891 - 610 pages
...accurate statement of the law ; but there are two ways of considering judgments set up in bar ; that is, there is a difference between the effect of a judgment...estoppel against the prosecution of a second action on the same demand and its effect as an estoppel in another action between the same parties upon a... | |
| |
In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand,... 
