But neither the judgment of a concurrent or exclusive jurisdiction is evidence, of any matter which came collaterally in question, though within their jurisdiction ; nor of any matter incidentally cognizable ; nor of any matter to be inferred by argument... The Northeastern Reporter - Sida 3431898Obegränsad förhandsgranskning - Om den här boken
| Louis Arthur Goodeve - 1873 - 652 sidor
...which comes collaterally in question, though within their jurisdiction, nor of any matter incidently cognizable, nor of any matter to be inferred by argument from the judgment." The first two propositions raise a distinction between Courts of concurrent and Courts of exclusive... | |
| John Bruce Norton - 1869 - 646 sidor
...question in another Court. But it is not evidence of any matter which came collaterally in question ; nor of any matter incidentally cognizable ; nor of...matter to be inferred by argument from the judgment. Ml. Ommutozuhra Begum v. Lootfoollah Klian, 30th September 1847. 7 SDA Rep. 399.— Hawkins." Sec Ib.... | |
| Francis Hilliard - 1869 - 782 sidor
...a different purpose. But neither the judgment of a concurrent or exclusive jurisdiction is evidence of any matter incidentally cognizable, nor of any...matter to be inferred by argument from the judgment." Deerees in chancery stand upon the same footing in this respeet as judgments at common law. Sciteinger... | |
| Sir William Henry Rattigan - 1870 - 412 sidor
...exclusive jurisdiction is evidence of any matter which came collaterally in question though within their jurisdiction, nor of any matter incidentally cognizable,...matter to be inferred by argument from the judgment." The principle that a judgment is not to be used to the prejudice of strangers was adopted from the... | |
| 1886 - 546 sidor
...that no judgment " is evidence of any matter which came collaterally in question, though withiu their jurisdiction; nor of any matter incidentally cognizable;...matter to be inferred by argument from the judgment." Id. These exceptions have frequently received the sanction of the courts. Lewis' Appeal*, 67 Penn.... | |
| Great Britain. Courts - 1870 - 730 sidor
...evidence of any matter which came collaterally in question, nor of any matter incidentally cognisable, nor of any matter to be inferred by argument from the judgment. With respect to the brother's settlement, the former judgment reversing the order of removal is conclusive... | |
| Hoffmann (Professor) - 1871 - 352 sidor
...collaterally in question, though within their jurisdiction, nor of any matter incidentally cognisable, nor of any matter to be inferred by argument from the judgment." — 2 SmitKt Leading Cases, p. 643.] (For s.3, see Quest. 198). 5. /* the place of birth, or parentage... | |
| Ohio. Superior Court (Cincinnati) - 1872 - 672 sidor
...exclusive jurisdiction is evidence of any matter which came collaterally into question, though within their jurisdiction, nor of any matter incidentally cognizable,...matter to be inferred by argument from the judgment." But, as we have seen, this action is founded upon what occurred after judgment, and could not be a... | |
| India, Sir Henry Stewart Cunningham - 1872 - 230 sidor
...exclusive jurisdiction is evidence of any matter which came collaterally in question, though within their jurisdiction, nor of any matter incidentally cognizable,...matter to be inferred by argument from the judgment." Duchess of Kingston's Case, 2, Sm. LC, 680. But facts, which are essential to or assumed by a former... | |
| Henry Edward Wallace - 1875 - 676 sidor
...conclusive of the very matter in controversy, but not of any matter which came collaterally in question, nor of any matter incidentally cognizable, nor of...matter to be inferred by argument from the judgment. This was part of the rule laid down by Chief Justice De Grey in the Duchess of Kingston's Cn.se, 20... | |
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