 | 1877 - 558 pages
...uncertainty on this head in the record, the whole subject-matter of the action will be at h.rge mid open to a new contention, unless this uncertainty...showing the precise point involved and determined. To apply the judgment, and give effect to the adjudication actually uiade, when the record leaves the... | |
 | United States. Patent Office - 1878 - 466 pages
...one or more of which the judgment may have passed, and it remains uncertain which of them was thus litigated, and upon which the judgment was rendered,...subject-matter of the action will be at large and open to a now contention. [* Ibid., 301. 4. Complainant having made claim in his patent to an article and to... | |
 | Virginia. Supreme Court of Appeals - 1878 - 934 pages
...have been litigated, upon one or more of which the judgment was rendered, the whole subject matter of the action will be at large and open to a new contention, unless the uncertainty be removed by extrinsic evidence showing the precise point involved and dctermined.... | |
 | Isaac Grant Thompson - 1879 - 886 pages
...appear that several distinct matters may have been litigated, upon one or more of which the judgment waa rendered, the whole subject-matter of the action will be at large and open to a new contention, unless the uncertainty be removed by extrinsic evidence showing the precise point involved <md Chrisman's... | |
 | 1902 - 1128 pages
...litigated, upon one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered,—...showing the precise point involved and determined. * * * To render the judgment conclusive, it must appear by the record of the prior suit that the particular... | |
 | 1883 - 710 pages
...was raised and determined in the former suit. If there be any uncertainty on this head in the record, the whole subject-matter of the action will be at...showing the precise point involved and determined. To the same effect are Cromioell v. County of Sac., id. 351; Garwood v. Ganvood, 29 Cal. 515; Fulton... | |
 | California. Supreme Court - 1884 - 740 pages
...was raised and determined in the former suit. If there be any uncertainty on this head in the record the whole subject-matter of the action will be at...showing the precise point involved and determined. To the same effect arc Cromicell v. County of Sac, 94 US 351; Garwood v. Garwood, 29 Cal. 515; Fulton... | |
 | 1884 - 774 pages
..., upon one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered,...open to a new contention, unless this uncertainty APPEAL from Washington County Court. This was an action on the case, instituted by the appellee, against... | |
 | 1899 - 1156 pages
...was raised and determined in the former suit. If there be any uncertainty on this head in the record, the whole subject-matter of the action will be at large and open to new contention, unless this uncertainty be removed by extrinsic evidence showing the precise point... | |
 | Virginia. Supreme Court of Appeals - 1886 - 986 pages
...litigated, upon one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered,...showing the precise point involved and determined." And says he; ''To apply the judgment, and give effect to the adjudication actually made, when the record... | |
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If there be any uncertainty on this head in the record, — as, for example, if it appear that several distinct matters may have been litigated, upon one or more of which the judgment may have passed, without indicating which of them was thus litigated,... 
