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 the former suit. United States Supreme Court Reports - Page 212by United States. Supreme Court - 1901Full view - About this book
| 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,...the whole subject-matter of the action will be at h.rge mid open to a new contention, unless this uncertainty be removed by extrinsic evidence showing... | |
| United States. Patent Office - 1878 - 468 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 — as, for example, if it appear that several distinct matters may have been litigated, upon one or... | |
| 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 - 884 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...there be 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... | |
| 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...be any uncertainty on this head in the record,— as, for example. if it appear that several distinct matters may have been litigated, upon one or more... | |
| 1893 - 2192 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,...question was raised and determined in the former suit" Russell v. Place, 94 US 6<XV-fllO. The maxim applicable is, "Nemo debet bis vexari pro eadem causa."... | |
| 1899 - 1156 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,...subject-matter of the action will be at large and open to new contention, unless this uncertainty be removed by extrinsic evidence showing the precise point... | |
| 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,...there be any uncertainty on this head in the record, — as for example, if it appear that several distinct matters may have been litigated , upon one or... | |
| 1920 - 1058 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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