The Northeastern Reporter, Volume 9West Publishing Company, 1887 - Law Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio. |
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Page 65
... ESTOPPEL - JUDGMENT - FORCIBLE ENTRY AND DETAINER - EJECTMENT . A judgment in an action of forcible entry and detainer cannot be successfully pleaded as a bar to an action of ejectment . Ejectment tries the title ; forcible entry tries ...
... ESTOPPEL - JUDGMENT - FORCIBLE ENTRY AND DETAINER - EJECTMENT . A judgment in an action of forcible entry and detainer cannot be successfully pleaded as a bar to an action of ejectment . Ejectment tries the title ; forcible entry tries ...
Page 67
... estoppel , against the prosecution of a second action upon the same claim or cause of action , and its effect as an estoppel in another suit , between · the same parties , upon a different claim or Ill . ] 67 RIVERSIDE CO . v . TOWNSEND .
... estoppel , against the prosecution of a second action upon the same claim or cause of action , and its effect as an estoppel in another suit , between · the same parties , upon a different claim or Ill . ] 67 RIVERSIDE CO . v . TOWNSEND .
Page 68
... estoppel only as to those matters in issue , or points contro- verted , upon the determination of which the finding or verdict was rendered . In all cases , therefore , where it is sought to apply the estoppel of a judg- ment rendered ...
... estoppel only as to those matters in issue , or points contro- verted , upon the determination of which the finding or verdict was rendered . In all cases , therefore , where it is sought to apply the estoppel of a judg- ment rendered ...
Page 69
... ESTOPPEL BY JUDGMENT . A judgment is an estoppel , in a subsequent action between the same parties or their privies , as to any matter determined thereby , Whiteside v . Haselton , 4 Sup . Ct . Rep . 1 ; Kurtz v . Carr , ( Ind . ) 5 ...
... ESTOPPEL BY JUDGMENT . A judgment is an estoppel , in a subsequent action between the same parties or their privies , as to any matter determined thereby , Whiteside v . Haselton , 4 Sup . Ct . Rep . 1 ; Kurtz v . Carr , ( Ind . ) 5 ...
Page 104
... ESTOPPEL - PROMISSORY NOTE - MAKER DENYING INTEREST OF PAYEE . The maker of a promissory note is estopped from denying that the payee thereof is the real party in interest . 2. PROMISSORY NOTES - PLEADING - DEFENSE . In a suit upon a ...
... ESTOPPEL - PROMISSORY NOTE - MAKER DENYING INTEREST OF PAYEE . The maker of a promissory note is estopped from denying that the payee thereof is the real party in interest . 2. PROMISSORY NOTES - PLEADING - DEFENSE . In a suit upon a ...
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affirmed agreement alleged Allen amount answer appellant appellant's appellee appellee's assessment assignment authority averment bill bond cause of action charge circuit court claim complaint contract conveyance conveyed counsel court of equity Court of Indiana creditors damages death debt deceased decree deed defendant defendant's demurrer entitled error estopped estoppel Evansville evidence executed executors facts filed heirs held injury instruction intended interest judgment jury land liable Mass ment mortgage N. E. Rep negligence notice November 23 overruled owner paid paragraph parties payment person plaintiff plaintiff in error possession proceedings promissory note purchase question quitclaim deed railroad real estate record recover replevin rule statute street sufficient suit superior court supra Supreme Court sustained taxes testator thereof tion town town of Oswegatchie trial trust verdict wife witness