That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto. The Pacific Reporter - Page 4361902Full view - About this book
| California - 1881 - 860 pages
...fl911. That only is deemed to have been adjudged in ormer judgment which appears upon its face to hare been so adjudged, or which was actually and necessarily included therein or necessary thereto. See matter directly adjudged— note to sec. 1908, subd. 2. § 1912. Whenever, pursuant to the last... | |
| 1883 - 710 pages
...opportunity, at the surety's request, to join in the defense." But it is also declared (Section 1911) that "that only is deemed to have been adjudged in a former...necessarily included therein, or necessary thereto." Whether, therefore, the record admitted in evidence was conclusive or prima facie only, it was, if... | |
| 1884 - 1062 pages
...determined by a former judgment, decree or order, which appears upon its face to have been so determined, or which was actually and necessarily included therein, or necessary thereto." It may be admitted that it does not appear upon the face of the decree in the foreclosure suit that the... | |
| California - 1880 - 1122 pages
...otlier parties were joined with both or either. Other parties— 4<) Cal. -J13. § 1911. That only ia deemed to have been adjudged in a, former judgment which appears upon its face to have been MI adjudged, or which was actually and necessarily included therein or necessary thereto. See matter... | |
| Frank Sumner Rice - 1892 - 832 pages
...though. other parties were joined with both or either. j 191 1. What deemed adjudged in a judgment. That only is deemed to have been adjudged in a former...necessarily included therein, or necessary thereto. £ 1912. Where turetiet bound, principal it alto. Whenever, pursuant to the last four sections, a party... | |
| James Henry Deering - 1896 - 584 pages
...inference or surmise upon the effect of the judgment. (Richardson v. City of Eureka, 110 Cal. 441.) 38. That only is deemed to have been adjudged in a former Judgment which appears on its face to have been so adjudged, or which was actually or necessarily included therein, or necessary... | |
| California, James Henry Deering - 1897 - 1066 pages
...case have been made between them alone, though other parties were joined with both or either. § 1911. That only is deemed to have been adjudged in a former...necessarily included therein or necessary thereto. § 1912. Whenever, pursuant to the last four sections, a party is bound by a record, and such party... | |
| United States. Philippine Commission (1900-1916) - 1901 - 846 pages
...and in the same capacity. SEC. 307. ~\\h.at ix deemed to have been adjudged in a former judgment. — That only is deemed to have been adjudged in a former...necessarily included therein or necessary thereto. SEC. 308. When principal bound ly judgment againxt xurety. — When the party is bound by a record,... | |
| Philippines - 1986 - 550 pages
...follows: ******* r(e) In any other litigation between the same parties or their successors in interest, that only is deemed to have been adjudged in a former...necessarily included therein or necessary thereto." (SEC. 49, Rule 39, New Rules of Court.) Even assuming, therefore, that Civil Case No. 13533 * is, on... | |
| Joseph Henry Budd - 1902 - 800 pages
...Ev.. Sec. 523. 8. Code of Civil Procedure, Sec. 1910: Greenleaf Ev. Sec. 528. upon its face, appears to have been so adjudged, or which was actually and necessarily included therein, or was necessary thereto.* When authority is given to a court to adjudge as to the jurisdictional facts,... | |
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