This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...in the same capacities as in the subsequent case, whether they were similarly ranged, as regards the point in dispute, as plaintiffs and defendants in the two cases or not (I); (4) if the decision was made by a Court having co-equal jurisdiction with the Court trying the subsequent case, both as regards the pecuniary limit of its jurisdiction and as to the subject-matter of the case, to try it with conclusive effect (to); and (5) if the matter was heard and finally decided () by such Court, --the decision being one tending to and forming a necessary element of the decree, whether it was expressly set out therein or not, and being unalterable by such Court, except on review. The rule may be stated still more concisely in the following terms: --An adjudication, to be res judicata, must be "secundum allegata et probata," and, when it conforms to this principle, its objective elements, as embodied in the final concrete command, will form a conclusive bond of relation between the parties. The means or process by which it is arrived at may be erroneous; as, for instance, when the decision turns on the truth of a certain deposition or the construction of a certain law, the evidence may have been appreciated wrongly, or the law misapplied. In another case the same evidence may be weighed differently and the same law interpreted otherwise; but the individual constitution of a right and duty, derived from such materials, as ascertained by a Judge exercising final jurisdiction, will practically create and settle the precise relation as found and laid down by him. Though the abstract subjective view may be questioned, the concrete objective command must thereafter, in any further litigation, be accepted as final by the parties and their...

Includes annual "Review of legislation" covering the years 1859-1949.

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