 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 Southeastern Reporter - Page 3561904Full view - About this book
 | United States. Supreme Court - 1912 - 840 pages
...Mr. 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...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. Court of Claims, Audrey Bernhardt - 1952 - 1040 pages
...Opinion of the Court Court in Southern Pacific Railroad Company v. United States, 168 US 1, 48-49 : The general principle announced in numerous cases...parties or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between... | |
 | United States. Patent Office - 1964 - 972 pages
...rule of res judicata, the following from Southern Pacific B. Co. v. United States, 168 US 1, 48-49: The general principle announced In numerous cases...parties or their privies; and even if the second suit Is for a different cause of action, the right, question or fact once so determined most, as between... | |
 | 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... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1912 - 666 pages
...331 ; Waite on Engineering and Architectural Jurisprudence, p. 281 ; Brown v. Foster, 113 Mass. 136.) A right, question, or fact distinctly put in issue...parties or their privies ; and even if the second suit is for a different cause of action, the right, question, or fact, once so determined must, as between... | |
 | 1917 - 1038 pages
...reference to which the adjudications in both extend. .From this has arisen the rule of the Supreme Court that: "A right, question or fact, distinctly put in...parties or their privies : and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between... | |
 | 1900 - 2044 pages
...UB, 168 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...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... | |
 | 1917 - 2042 pages
...reference 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...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... | |
 | 1902 - 988 pages
...discussion in respect to re» judicata; and it was said, on page 48, L. ed. p. 376, Sup. Ct. Rep. p. 27: s` is for a different cause of action, the right, question, or fact once so determined must, as between... | |
 | 1899 - 986 pages
...a reference to some of the adjudged cases, showing the grounds upon which this salutary rule rests. The general principle announced In numerous cases...parties or their privies; and, even If the second suit Is for a different § cause of action, the right, question, or fact'once * so determined must, as between... | |
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