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" The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation,... "
The Revised Reports: Being a Republication of Such Cases in the English ... - 224. oldal
Szerkesztette: - 1904
Teljes nézet - Információ erről a könyvről

A Treatise on the Law of Evidence, as Administered in England and ..., 2. kötet

John Pitt Taylor - 1848 - 756 oldal
...applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment,...diligence, might have brought forward at the time " (#). § 1230. Many cases in Chancery might be cited in illustration of the above rule (y), but it...

Michigan Reports: Cases Decided in the Supreme Court of Michigan, 155. kötet

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 - 1909 - 812 oldal
...applies, except in special cases, not only to points upon which the court was actually required by the parties to form an opinion and pronounce a judgment,...diligence, might have brought forward at the time." The same rule is recognized in Cromwell v. County of Sac, 94 US 351. That case well illustrates the...

The Law of Evidence: Applicable to the Courts of the East India Company ...

John Bruce Norton - 1859 - 638 oldal
...applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment,...diligence, might have brought forward at the time. " Many cases in Chancery might be cited in illustration of the above rule, but it will suffice to refer...

A Treatise on Private International Law: Or the Conflict of Laws , with ...

John Westlake - 1859 - 270 oldal
...applies, except in special cases, not only to points upon which the court was actually required by the parties to form an opinion and pronounce a judgment,...reasonable diligence, might have brought forward at the tirne."(p) But the foreign proceedings must not terminate in a sentence *against the parti- po-ir-i...

Reports of Cases at Law and in Chancery Argued and Determined in ..., 247. kötet

Illinois. Supreme Court - 1911 - 710 oldal
...cause. The plea of res jndicata applies not only to the point upon which the court was required by the parties to form an opinion and pronounce a judgment,...subject of litigation, and which the parties, exercising a reasonable diligence, might have brought forward in time." The principle "extends not only to questions...

Maritime Law Reports

Great Britain. Courts - 1864 - 446 oldal
...to points upon which the court was actually required by the parties to form an opinion and pronounce judgment, but to every point which properly belonged...diligence might have brought forward at the time." Then he refers to bills of review and the principle in that respect. That was the ground on which I...

Reports of Cases Adjudged in the High Court of Chancery ..., 1. kötet;80. kötet

Great Britain. Court of Chancery - 1864 - 874 oldal
...only to pointsupon which the Court was actually required by parties to form an opinion and pronounce judgment, but to every point which properly belonged...the parties exercising reasonable diligence might 1863. Judgment. 186?. have brought forward at the time." Then he refers to ^,~N Bills of review, and...

The Law of Evidence, Applicable to the Courts of the Late East India Company ...

John Bruce Norton - 1865 - 666 oldal
...except in special cases, not only to points upon which the Court was actually required by the parlies to form an opinion and pronounce a judgment, but to...diligence, might have brought forward at the time. " Many cases in Chancery might be cited in illustration of the above rule, but it will suffice to refer...

Reports of Cases Argued and Determined in the Supreme Court of New ..., 6. kötet

New South Wales. Supreme Court - 1868 - 560 oldal
...applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment,...diligence, might have brought forward at the time."] Itis submitted that it has only been decided that the property is not that of the cestuis qnc trust',...

Madras High Court Reports: 1866, 1867 and 1868

1868 - 576 oldal
...judicata applies except in special cases not only to points on which the Court was actually required by the parties to form an opinion and pronounce a judgment,...diligence might have brought forward at the time." This, in my opinion, lays down correctly the general rule of law, if by the expression " subject of...




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