 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1850 - 712 페이지
...general rule laid down in Chief Justice Eyre's judgment in the Duchess of Kingston's case is, that the judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea in bar, or, as evidence, conclusive between the same parties upon the same matter directly in question... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1854 - 650 페이지
...cannot be sustained. It is a well settled general principle, that the judgment of a Court of competent jurisdiction directly upon the point, is, as a plea,...evidence conclusive, between the same parties, or their privies, upon the same matter directly in question in another Court, and that no matter once... | |
 | Asa Kinne - 1852 - 736 페이지
...rule as to when a judgment will be a bar to a subsequent action 1 The general rule is : 1. That the judgment of a court of concurrent jurisdiction directly upon the point, is as a plea, a oar, or as evidence conclusive between the same parties, upon the same matter directly in question... | |
 | John Bouvier - 1854 - 790 페이지
...considered a rule of law, founded not less upon adjudged cases, than it is upon reason : first, that the judgment of a court of concurrent jurisdiction, directly...as evidence, conclusive between the same parties, upon the same matter, directly in question in another court. Secondly, that the judgment of a court... | |
 | John Bouvier - 1854 - 788 페이지
...than it is upon reason : first, that the judgment of a court of concurrent jurisdiction, directly upgn the point, is, as a plea, a bar ; or, as evidence, conclusive between the same parties, upon the same matter, directly in question in another court. Secondly, that the judgment of a court... | |
 | Benjamin Robbins Curtis, United States. Supreme Court - 1864 - 772 페이지
...its validity was put directly in issue. The case, therefore, falls within the general rule, that the judgment of a court of concurrent jurisdiction directly...matters, when directly in question in another court. It is suggested on the brief submitted on the part of the plaintiff below, that a decree in equity... | |
 | John William Smith - 1855 - 798 페이지
...in evidence in civil suits, these two deductions seem to follow as generally true : first, that the judgment of a court of concurrent jurisdiction, directly...as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court : secondly, that the judgment of a court... | |
 | Simon Greenleaf - 1856 - 576 페이지
...payee. i DUCHESS OF KINGSTON'S CASE, 11 State Tr. 261; 20 How. ;St. Tr. 538 ; 2 B. & C. 887. " The judgment of a court of concurrent jurisdiction, directly upon the point, is, as a plea in bar, or as evidence, conclusive between the same parties, upon the same matter directly in question... | |
 | Bengal (India). Sadr Dīwānī ʻAdālat - 1858 - 1208 페이지
...jurisdiction directly upon the point," says Lord Chief Justice DeGrey in the Duchess of Kingston's case, " is, as a plea, a bar, or as evidence, conclusive between the same parties, upon the same matter, directly in question in another court." This we apprehend is the rule, tersely... | |
 | John Bruce Norton - 1859 - 638 페이지
...and others. 18th Sept. 1847. 7 8. DA Rep. 393.— Tucker, Barlow & Hawkins." See also case 64. " The judgment of a Court of concurrent jurisdiction directly...as evidence, conclusive between the same parties, upon the same matter directly in question in another Court. But it is not evidence of any matter which... | |
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From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or... 
