 An 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 of the litigation,...  The Southwestern Reporter - Страница 4501888Пуни преглед - О овој књизи
 | Oliver Lorenzo Barbour - 1862 - 714 страница
...essentially connected with the subject matter of such litigation. This rule applies to every subject within the legitimate purview of the original action, both in respect to matters of claim and of defense. (Le Guen v. Gouverneur, 1 John. Cas. 436. Embury v. Conner, 3 Comst. 511, 522. Haire v.... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 страница
...litigated and have had decided, as incident to or essentially connected with Opinion by DAVIES, Ch.J. the subject-matter of the litigation, and every matter...original action, both in respect to matters of claim and of defence" (citing Bruen v. Hone, 2 Barb. 586; Embury v. Conner, 3 Corns. 511; Haeir v. Baker, 1 Seld.... | |
 | Nathan Howard (Jr.) - 1871 - 702 страница
...which they might have had decided as incident to, or essentially connected with, the subject matter of the litigation, and every matter coming within...original action, both in respect to matters of claim and of defense (Clemens agt. Clemens, 37 NY ; Opinion of DAVIES, ch. J., p. 74; Hyatt agt. Sates et al... | |
 | Abraham Clark Freeman - 1873 - 592 страница
...have litigated and have had decided, as incident to or essentially connected with the subject matter of the litigation, and every matter coming within...original action, both in respect to matters of claim and of defense."3 " Where the matter adjudicated is by a court of peculiar and exclusive jurisdiction,... | |
 | 1913 - 1050 страница
...determined, but as to any matter which the parties might have litigated and had decided as incident to or essentially connected with the subject-matter of the...litigation, and every matter coming within the legitimate province of the original action, both of claim and defense." Under the circumstances, we are of the... | |
 | 1908 - 1164 страница
...other matter which the parties might have litigated and have had decided as incident to, or essentiafly connected with, the subject-matter of the litigation,...original action, both in respect to matters of claim and of defense." Harris v. Harris. ;?f! Barb. (N. Y.) 88; Gray v. Dougherty. 25 Gal. 206. "Where a court... | |
 | 1887 - 956 страница
...have litigated, and have had decided as incident to or essentially connected with the subject-mat ter of the litigation, and every matter coming within...original action, both in respect to matters of claim and of defense." Freem. Judgm. § 249. When, however, the record on its face shows that the issue was withdrawn... | |
 | 1887 - 972 страница
...determined, but as to any matter which the parties might have litigated, and had decided as incident to, or essentially connected with, the subject-matter of...litigation, and every matter coming within the legitimate province of the original action, both of claim and defense." These two cases, considered together,... | |
 | Abraham Clark Freeman - 1888 - 982 страница
...to every other matter which the parties might have litigated, and have had decided as incident to or essentially connected with the subject-matter of the...original action, both in respect to matters of claim and of defense": Freeman on Judgments, sec. 249. When, however, the record on its face shows that the issue... | |
 | Vermont. Supreme Court - 1888 - 810 страница
...have litigated and have had decided as incident to or essentially connected with the subject-matter, coming within the legitimate purview of the original action both in respect to matters of claim and of defence. lYeem. Judg. s. 241) and note. The discovery of new evidence not in the power of the party... | |
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