A Selection of Legal Maxims : Classified And Illustrated

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(r) See post. Chap. X. This (o) Be S. American Co., [1895] 1 maxim applies where a party sues Ch. 37: 68 L. J. Ch. 803; The first in one capacity, and then in Bellcairn, 10 P. D. 161 : 55 L. J. P. another, and as a different person 3 ■ BibbU Joint Committee v. Croston in law ; see Leggott v. O. W. B. Co., U. D. C, [1897] 1 Q. B. 251: 66 1 Q. B. D. 599: 45 L. J. Q. B. 557; l' J. Q.'b. 384; see G. N.-W. Be DeeUy's Patent, [1895] 1 Ch.
Central B. Co. v. Charlebois, [1899] 687 : 64 L. J. Oh, 480.
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272 FUNDAMENTAL LEGAL PEINCIPLES.
1. " 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." That is to say, as later authorities show, it is conclusive as evidence, if pleaded in bar : but if not so pleaded, it is not conclusive, unless there has been no opportunity of pleading it (s).
2.


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