 | Nicholas Baylies - 1814 - 478 pàgines
...±5 A judgment is no lien on an estate for years. Vredenbergh v. Morris. 1 Johns. Cases, 223. 46 A judgment or decree of a court possessing competent jurisdiction, is not only final and conclusive as to the subject matter thereby determined, but as to every other matter which might... | |
 | Esek Cowen - 1821 - 804 pàgines
...principle recognized by the Supreme Court, in the case of Le Giien v. Gou-jerneur and Kem4/e,(c) " that the judgment, or decree of a court possessing...actually determined, but as to every other matter wbich the parties might litigate in tbe cause, and which they might have decided." It is, therelore,... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 720 pàgines
...Miles, 42.# {The judgment or decree of a court possessing competent jurisdiction is final not only as to the matter actually determined, but as to every...might litigate in the cause, and which they might have had decided. The only exceptions to this general rule are, 1. The case of mutual dealings between the... | |
 | New York (State). Supreme Court, William Johnson - 1846 - 690 pàgines
...General rules as to. 405, n. (a) JUDGMENT. I. Collusiveness of. II. Lie n of. I. Conclusiveness of. 1. The judgment or decree of a court possessing competent jurisdiction is not only final as to the subject matter thereby determined, but also as to every other matter which the parties might litigate... | |
 | United States. Supreme Court - 1847 - 844 pàgines
...acknowledged, that the judgment or decree of a court having jurisdiction is not only final as to the matter determined, but as to every other matter which the...might litigate in the cause, and which they might have had decided." Per Kent, Justice, on page 502. "Every person is bound to take care of his own rights,... | |
 | Alabama. Supreme Court - 1854 - 930 pàgines
...Cowen 120; 4 tf. 559. Again; a judgment of a court having jurisdiction is not only final and conclusive as to the matter actually determined, but as to every...which the parties might litigate in the cause.— 3 Phil. Ev. 828 to 831 ; 1 Johns. Cas. 436, 501. In all cases, where the judgment is rendered on the... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - 1850 - 614 pàgines
...to which had or was entitled to the title to the premises, was directly put in issue and determined. That the judgment or decree of a court possessing competent jurisdiction, is, as a general rule, final not only as to the subject matter thereby actually determined, but as to every... | |
 | Oliver Lorenzo Barbour - 1852 - 716 pàgines
...is well settled, though the correctness of the other branch of the opinion of Radcliffe, J. that it is not only final as to the matter actually determined, 'but as to every other matter which they neglect to litigate in the cause, and which the court might have decided, has with good reason... | |
 | Illinois. Supreme Court - 1866 - 670 pàgines
...claimed to be a lien upon his homestead. The rule upon this subject is well settled, as follows : " The decree of a court possessing competent jurisdiction...actually determined, but as to every other matter of defense, which, if set up, would have prevented tJie decree, which the parties neglected to litigate,... | |
 | John Willard - 1861 - 718 pàgines
...another court. (Gardner v. Buckbee, 3 Cowen, 120. Burt v. Sternberg, 4 id. 559.) It is final not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided. But to be a good bar, it must have been between the same parties,... | |
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Such judgment or 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... 
