| Great Britain. Court of King's Bench, Sir Edward Hyde East - 1807 - 500 str.
...circumftances of title, Be well C3553 entitled to recover at one time, and not be fo at another. And it is not the recovery, but the matter alleged by...upon -which 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... | |
| Charles Jackson - 1828 - 424 str.
...would not have been if his ancestor had been of non-sane memory at the time of executing the deed. " It is not the recovery, but the matter alleged by...upon which the recovery proceeds, which creates the estop(q) 3 East, 346. And see the cases there cited. CHAPTER XIV. SECTION Z. Writ of Eight. CHAP. THIS... | |
| Esek Cowen, New York (State). Supreme Court - 1836 - 828 str.
...effect of a former recovery, if it operate at all, as a conclusive bar, must be by way of estoppel; that it is not the recovery, but the matter alleged by...recovery proceeds, which creates the estoppel. The recovery of itself, he continues, in an action of trespass, is only a bar to the future recovery of... | |
| Ireland. Court of King's Bench - 1850 - 646 str.
...is no estoppel at all. For, to use the language of Lord Ellenborough, in Outram v. Morewood(c) — "It is not the recovery, but the matter " alleged...recovery proceeds, " which creates the estoppel. The recovery iteelf, in an action of " trespass, is only a bar to the future recovery of damages for the... | |
| Theophilus Parsons - 1866 - 830 str.
...same point were decided in the former suit. It is not the recovery, but the matter alleged by 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 recovery of damages for the... | |
| Oliver Lorenzo Barbour - 1868 - 732 str.
...also operates byway of estoppel to any action for an injury to the same supposed right of possession." "It is not the recovery, but the matter alleged by...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... | |
| North Carolina. Supreme Court - 1876 - 886 str.
...constitute an estoppel must be final, and upon the merits. It is not the recovery, but the matter alleytd by the party, and upon which the recovery proceeds which creates the estoppel. Bigelow on Estoppel. By reference to 69 NC Rep. 464, it will be seen that, that action, in the language... | |
| United States. Department of State - 1903 - 906 str.
...operates by way of estoppel to any action for an injury to the same supposed right of possession .... And it is not the recovery, but the matter alleged by...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... | |
| Melville Madison Bigelow - 1872 - 732 str.
...varying circumstances of title, be well entitled to recover at one time, and not be so at another. And it is not the recovery, but the matter alleged by...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... | |
| 1895 - 1140 str.
...trespass, they had set up the same title which was determined against them, Lord Ellenborough said: "It Is not the recovery, but the matter alleged by...recovery proceeds, which creates the estoppel. The recovery Itself, In an action of trespass. Is only a bar to the future recovery of damages for the... | |
| |