Commentaries On the Law of Estoppel And Res Judicata

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Com- monwealth, 3 Rawle, 206; Hays v.
Carr, 83 Ind. 275; Carothers v. Ser- geant, 30 W. Va. 35; Hand v. R. R., 17 S. C. 219; Goddard v. Gray, L. R.
6 Q. B. 139 ; Rosenmuller v. Lampe, 89 111. 313; Benton v. Burgot, 3 B. & C. 385; Parnell v. Hahu, 61 Cal. 131; Ruegger v. R. R. Co., 103 111. 449; Davis V. Mayor, 93 N. Y. 350; Dana- her V. Pi-entice, 23 Wis. 311 ; Hamil- ton V. Quimby, 46 111. 90; Johnson v.
Johnson, 30 111. 215; AUiev. Schmitz, 17 Wis. 169 ; Rodgers v. Higgins, 57 111. 244; Montg
...omery v. Harrington, 58 Cal. 270; Preble v. Supervisors, 8 Estoppel by Record.
135 where the defendant omits to set off his counter-demands, or the records show thiit it was withdrawn before judgment, witliout prejudice to a future action thereon, and unless prevented by statute the defendant may still recover thereon ; and where the action is one of several distinct and independent contracts, the rule that whatever might have been litigated will be deemed to have been litigated, applies in its full force only to the particular con- tract sued on,' and in ejectment, where the defendant purchases title after judgment is rendered against him.


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