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" It is not the recovery, but the matter alleged by the party, and upon which the recovery proceeds, which creates the estoppel. The recovery of itself in an action of trespass is only a bar to the future recovery of damages for the same injury ; but the... "
Reports of Cases Argued and Determined in the Supreme Court: And in the ... - Page 538
by Esek Cowen, New York (State). Supreme Court - 1836
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Reports of Cases Argued and Determined in the Court of King's ..., 11. köide

Great Britain. Court of King's Bench, Sir Edward Hyde East - 1807 - 500 lehte
...the recovery proceeds, which creates the eftoppel. The recovery of itfelf in an action of trefpafs is only a bar to the future recovery of damages for the fame injury : but the eftop. pel precludes parties and privies from contending to the contrary of that...
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Reports of Cases Argued and Determined in the Supreme Court And ..., 3. köide

New Jersey. Supreme Court - 1835 - 836 lehte
...of trespass, is only a bar to a future recovery of damages for the same injury, but that the estopel precludes parties and privies from contending to the...contrary of that point, or matter of fact, which having been once distinctly put in issue by them, has been on such issue, solemnly decided against them. In...
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Irish Law Reports: Particularly of Points of Practice, Argued and ..., 12. köide

Ireland. Court of King's Bench - 1850 - 646 lehte
...the party, and upon which the recovery proceeds, " which creates the estoppel. The recovery iteelf, in an action of " trespass, is only a bar to the future...the contrary of that point or matter of fact, which, (a) 4 Bing. NC 797. (b) 2 Ir. Law Rep. 96. GIBSON. 11 " having been once distinctly put in issue by...
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Cases at Law, Argued and Determined in the Court of Appeals of South ...

South Carolina. Court of Appeals, Langdon Cheves - 1860 - 336 lehte
...or used by the present defendants by way of estoppel to Jones's rights under Stephenson's title. An estoppel precludes parties and privies from contending...contrary of that point, or matter of fact which, having been once distinctly put in issue by them, or by those with whom they are privy in estate, or law,...
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The Law of Contracts, 2. köide

Theophilus Parsons - 1866 - 830 lehte
...tlie party, and upon which the recovery proceeds, which creates the estoppel. The recovery of itself, in an action of trespass, is only a bar to the future...that point, or matter of fact, which, having once distinctly been put in issue by them, or by those to whom they arc privy, in estate or law, lias been...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., 51. köide

Oliver Lorenzo Barbour - 1868 - 732 lehte
...the party, and upon which the recovery proceeds, which creates the estoppel. The recovery of itself, in an action of trespass, is only a bar to the future...the same injury ; but the estoppel precludes parties from contending to the contrary of that point, or matter of fact which having been once distinctly...
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Papers Relating to the Foreign Relations of the United States

United States. Department of State - 1903 - 906 lehte
...the party, and upon which the recovery proceeds, which creates the estoppel. The recovery of itself in an action of trespass is only a bar to the future...damages for the same injury; but the estoppel precludes parlies and privies from contending to the contrary of that point or matter of fact which, having been...
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A Treatise on the Law of Estoppel and Its Application in Practice

Melville Madison Bigelow - 1872 - 732 lehte
...the party, and upon which the recovery proceeds, which creates the estoppel. The recovery of itself, in an action of trespass, is only a bar to the future...contrary of that point, or matter of fact, which having been once distinctly put in issue by them, or by those to whom they are privy in estate or law, has...
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A Treatise on the Law of Judgments: Including All Final Determinations of ...

Abraham Clark Freeman - 1873 - 590 lehte
...the party, and upon which the recovery proceeds, that creates the estoppel. The estoppel in trespass precludes parties and privies from contending to the contrary of that point of fact which, having once been put in issue, has been solemnly found." 5 A judgment in trespass grounded...
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Reports of Cases Determined in the Supreme Court of the State of ..., 26. köide

California. Supreme Court - 1875 - 758 lehte
...by the party, and upon which the recovery proceeds, which creates the estoppel. The recovery itself in an action of trespass is only a bar to the future...contrary of that point or matter of fact, which having been once distinctly put in issue by them, or by those to whom they are privy in estate or law, has...
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