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acceptance action agent alleged allowed amount appeared applied authority Bank bill bond bound brought cause of action cited claim conclusive consideration considered contract court court held covenant damages debt decided decision decree deed defendant delivering demand deny determined distinction doctrine effect entitled established estopped estoppel evidence execution existence fact favor foreign former fraud further give given grant grantor ground held hold indorsement interest issue judg judgment jurisdiction jury Justice land lease liable Lord matter ment mortgage notice objection obtained operation opinion original owner paid party passed payment person plaintiff plea pleaded possession Post premises present principle proceedings prove purchase question reason received record recover referred relation rendered rent representation respect rule seems sentence Smith subsequent sued suit taken tenant term tion trespass trial true validity verdict warranty
第 476 頁 - But the rule of law is clear, that, where one by his words or conduct, wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time...
第 37 頁 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true : first, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court: secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is, in like manner, conclusive upon the same...
第 480 頁 - Estoppel (p. 570j, states that the following elements must be present in order to an estoppel by conduct: "(1) There must have been a false representation or a concealment of material facts. (2) The representation must have been made with knowledge of the facts. (3) The party to whom it was made must have been ignorant of the truth of the matter. (4) It must have been made with the Intention that the other party should act upon It. (5) The other party must have been induc-ed to act upon it.
第 49 頁 - ... to a certainty, and the object of the suit attained so far as it can be at that stage; and it would be useless and vexatious to subject the defendant to another suit for the purpose of obtaining the same result. Hence the legal maxim, transit in rem judicatam, the cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher.
第 195 頁 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
第 342 頁 - ... or them shall or will by any way or means have claim, or demand any right or title to the aforesaid premises or their appurtenances or to any part or parcel thereof forever.
第 lx 頁 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
第 262 頁 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
第 181 頁 - Upon principle, it would seem, that the operation of every judgment must depend on the power of the court to render that judgment; or, in other words, on its jurisdiction over the subjectmatter, which it has determined.