The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between, the same... The Supreme Court Reporter - Page 181899Full view - About this book
| United States. Supreme Court - Law reports, digests, etc - 1912 - 840 pages
...Justice Harlan, speaking for this court in Southern Pacific R. Co. v. United States, 168 US 1,48: "That a right, question or fact distinctly put in issue...subsequent suit between the same parties or their privies." Sound reason, as we think, constrains us to deny to a certificate of naturalization, procured ex parte... | |
| United States. Patent Office - Copyright - 1964 - 972 pages
...B. Co. v. United States, 168 US 1, 48-49: The general principle announced In numerous cases is that a right, question or fact distinctly put in issue...action, the right, question or fact once so determined most, as between the same parties or their privies, be taken as conclusively established, so long as... | |
| Law - 1920 - 496 pages
...Lindsay-Strathmore Irr. Dlst. v. Superior Court of Tulare County, Cal., 187 Pac. 1056. 54. Res Judicata. — A fact distinctly put In issue and directly determined...disputed in a subsequent suit between the same parties, even if the second suit is for a different cause of action. — Lyons v. Empire Fuel Co., MSCCA, 262... | |
| Law reports, digests, etc - 1900 - 2044 pages
...US 1-48, 18 Snp. Ct. 27, it is said that: "The general principle announced In numerous eases Is that a right, question, or fact distinctly put in issue,...ground of recovery, cannot be disputed In a subsequent salt between the same parties or their privies: and, even if the second suit le for a different cause... | |
| Law reports, digests, etc - 1917 - 2042 pages
...to which the adjudications in both extend, rrom this has arisen the rule of the Supreme Court that: "A right, question or fact, distinctly put In issue...competent jurisdiction, as a ground of recovery, cannot tie disputed in a subsequent suit between the same parties or their privies ; and even if the second... | |
| Law reports, digests, etc - 1904 - 906 pages
...subject of res judioata are reviewed by Mr. Justice Harían, and the general doctrine thus stated: "A right, question, or fact distinctly put in issue...disputed in a subsequent suit between the same parties or fheir privies; and even if the second suit is for 'a different cause of action, the right, question,... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1912 - 838 pages
...Justice Harlan, speaking for this court in Southern Pacific R. Co. v. United States, 168 US 1,48: "That a right, question or fact distinctly put in issue...disputed in a subsequent suit between the same parties or then- privies." Sound reason, as we think, constrains us to deny to a certificate of naturalization,... | |
| Law reports, digests, etc - 1922 - 1158 pages
...Court of the United State, holdIng to the effect that a question of fact distinctly put in issue and determined by a court of competent jurisdiction as a ground of recovery or defense is conclusively settled by the final Judgment or decree therein, so that it cannot be further... | |
| Law reports, digests, etc - 1913 - 1252 pages
...decision must have the same faith and credit in all other states that it is entitled to in that state. "A right, question, or fact distinctly put in issue...so determined must, as between the same parties or privies, be taken as conclusively established, so long as the judgment in the first suit remains unmodified."... | |
| Law reports, digests, etc - 1907 - 1350 pages
...former action adversely to the plaintiff's contention In this ease, and therefore barred a recovery. "A right, question, or fact distinctly put in Issue,...jurisdiction as a ground of recovery, cannot be disputed lu a subsequent suit between the same parties or their privies; and, even if the second suit is for... | |
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