 | John William Smith - 1840 - 530 pages
...upon the point, is, in like manner, conclusive upon the same matter, between the same parties, coming incidentally in question in another Court, for a different...nor of any matter to be inferred by argument from the judgment. Upon the subject of marriage, the Spiritual Court has the sole and exclusive cognizance... | |
 | John William Smith - 1842 - 612 pages
...upon the point, is, in like manner, conclusive upon the same matter, between the same parties, coming incidentally in question in another Court, for a different...nor of any matter to be inferred by argument from the judgment. Upon the subject of marriage, the Spiritual Court has the sole and exclusive cognizance... | |
 | John Sidney Smith - 1842 - 766 pages
...conclusive upon the same matter coming incidentally in question in another court between the same parties for a different purpose. But neither the judgment...nor of any matter to be inferred by argument from the judgraent.(2)[a] (1) Tucker v. Wilkins,' 4 Sim. 241. (2) Judgment of De Grey.CJ in Duchess of Kingston's... | |
 | Archibald John Stephens - 1842 - 1072 pages
...Kingston's cate. is, in like manner, conclusive upon the same matter, between the same parties, coming incidentally in question in another court, for a different...their jurisdiction ; nor of any matter incidentally cognisable ; nor of any matter to be inferred by argument from the judgment. " It is certainly true,... | |
 | Great Britain. Court of Chancery, Edward Younge, John Collyer - 1843 - 800 pages
...upon the point, is in like manner conclusive upon the same matter, between the same parties, coming incidentally in question in another Court, for a different...nor of any matter to be inferred by argument from the judgment. Upon the subject of marriage, the spiritual court has the sole and exclusive cognizance... | |
 | Ireland. Court of King's Bench, Robert Jebb, Richard Bourke - 1843 - 412 pages
...Kingston's case, 20 State Trials, 538 ; viz., " that the judgment neither of a " concurrent nor an exclusive jurisdiction is evidence of " any matter..." cognizable ; nor of any matter to be inferred by argu" ment from the judgment." Blackham's case, 1 Salk. 290, was founded on this principle ; and the... | |
 | Jeremy Bentham - 1840 - 362 pages
...is not evidence, even between the same parties, " of any matter which came collaterally in question, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment."* By the words not evidence, lawyers sometimes mean one thing, sometimes another: here,... | |
 | Vermont. Supreme Court - 1843 - 598 pages
...direct upon the precise point, and is not evidence of any matter which came collaterally in question, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument OF THE STATE OF VERMONT. from the judgment, as having constituted one of the grounds of that judgment.... | |
 | 1870 - 542 pages
...upon the point is, in like manner, conclusive upon the same matter, between the same parties, coming incidentally in question in another court, for a different purpose. But neither the judgment of я concurrent or exclusive jurisdiction is evidence of any matter which came collaterally in question... | |
 | Joseph Chitty - 1844 - 780 pages
...upon the point in question, and is not evidence of any mailer which came collaterally in question, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument from the judgment ; 20 How. St. Tr. 533 ; 1 Salk. 290. Evid. 303; Rose. Evid. 79, 80. When this plea was... | |
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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... 
