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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... "
Cotenancy and Partition: a Treatise on the Law of Co-ownership as it Exists ... - Strana 643
autor/autoři: Abraham Clark Freeman - 1874 - 655 str.
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Reports of Cases Argued and Determined in the Court of King's ..., Svazek 11

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...
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A Treatise on the Pleadings and Practice in Real Actions: With Precedents of ...

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...
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Reports of Cases Argued and Determined in the Supreme Court: And ..., Svazek 4

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...
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Irish Law Reports: Particularly of Points of Practice, Argued and ..., Svazek 12

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...
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The Law of Contracts, Svazek 2

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...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Svazek 51

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...
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North Carolina Reports: Cases Argued and Determined in the ..., Svazek 74

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...
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Papers Relating to the Foreign Relations of the United States

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...
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A Treatise on the Law of Estoppel and Its Application in Practice

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...
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The Pacific Reporter, Svazek 40

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...
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