 | Esek Cowen - Justices of the peace - 1841 - 698 pages
...judgment or decree of a court possessing competent jurisdiction, is not only final as to the matter actually determined, but as to every other matter which the parties might litigate in the cause, and which they might have decided." It is, therefore, sufficient to show in... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 720 pages
...judgment or decree of a court possessing competent jurisdiction is final not only as to the matter actually determined, but as to every other matter which the parties might litigate in the cause, and which they might have had decided. The only exceptions to this general rule... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1854 - 930 pages
...Again; a judgment of a court having jurisdiction is not only final and conclusive as to the matter actually determined, but as to every other matter which the parties might litigate in the cause.— 3 Phil. Ev. 828 to 831 ; 1 Johns. Cas. 436, 501. In all cases, where the... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1850 - 614 pages
...possessing competent jurisdiction, is, as a general rule, final not only as to the subject matter thereby actually determined, but as to every other matter which the parties might litigate in the cause, and which they might have had decided, can admit of no doubt. ( Voorhees v.... | |
 | John Willard - Conveyancing - 1861 - 718 pages
...(Gardner v. Buckbee, 3 Cowen, 120. Burt v. Sternberg, 4 id. 559.) It is final not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided. But to be a good bar, it must have been between the same parties, and for the... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1916 - 716 pages
...been raised and determined. A prior adjudication between the same parties is conclusive upon them, not only as to the matters actually determined, but as to every other thing within the knowledge of the parties which might have been set up as a ground for relief or defense.... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1850 - 744 pages
...can admit of no doubt; the principle, however, extends farther: it is not only final as to the matter actually determined, but as to every other matter which the parties might litigate in the cause, and which they might have decided. Le Guen vs. Gouverneur & Kemble, 1 Johns.... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1862 - 714 pages
...court of competent jurisdiction is not only final as to the subject matter thereby determined, but also as to every other matter which the parties might have litigated as incident to or essentially connected with the subject matter of such litigation. This rule applies to every... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 808 pages
...of a court possessing jurisdiction, is, as a general rule, final, not only as to the subject-matter actually determined, but as to every other matter which the parties might have litigated in the cause. Embury t>. Conner, 8 NY (8 Comtt.), 511; reversing 2 Sandf., 98. 126. A former judgment... | |
 | New York (State). Court of Appeals, Joel Tiffany - Law reports, digests, etc - 1868 - 1050 pages
...proceeding." And he adds : " Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with Opinion by DAVIES, Ch.J. the subject-matter... | |
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Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter... 
