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" 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 - Trang 212
bởi United States. Supreme Court - 1901
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Albany Law Journal, Tập 15

1877 - 558 trang
...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...

Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1878 - 466 trang
...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...

Reports of Cases in the Supreme Court of Appeals of Virginia, Tập 70

Virginia. Supreme Court of Appeals - 1878 - 934 trang
...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...

The American Reports: Containing All Decisions of General Interest ..., Tập 26

Isaac Grant Thompson - 1879 - 886 trang
...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...

The Northwestern Reporter, Tập 186

1922 - 1138 trang
...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,...

The Federal Reporter, Tập 116

1902 - 1128 trang
...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...

The Federal Reporter: Cases Argued and Determined in the Circuit ..., Tập 53-54

1893 - 2192 trang
...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."...

The Pacific Reporter, Tập 58

1899 - 1156 trang
...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...

Reports of Cases Argued and Adjudged in the Court of Appeals of ..., Tập 17-18

1884 - 774 trang
...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...

The Pacific Reporter, Tập 184

1920 - 1058 trang
...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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