estoppel by judgment

estoppel by judgment
The estoppel raised by the rendition of a valid judgment by a court having jurisdiction. The essence of estoppel by judgment is that there has been a judicial determination of a fact. Price v. Clement, 187 Okl. 304, 102 P.2d 595, 597.
It rests upon principles forbidding one to relitigate matter in dispute between parties which has been determined by competent court, on ground that record of judgment imports absolute verity. Where subsequent proceeding is on same cause of action between same parties a former adjudication is conclusive. Kimpton v. Spellman, 351 Mo. 674, 173 S.W.2d 886.
Ordinarily, "estoppel" of judgment does not extend to matters not expressly adjudicated. Sonken-Galamba Corporation v. Atchison, T. & S. F. Ry. Co., C.C.A.Mo., 124 F.2d 952, 956;
and a judgment or decree without prejudice does not work an "estoppel". In re McDermott, C.C.A.I11., 115 F.2d 582, 584.
- issue preclusion
Compare res (res judicata)
+ estoppel by judgment
Term means that when a fact has been agreed on, or decided in a court of record, neither of the parties shall be allowed to call it in question, and have it tried over again at any time thereafter, so long as judgment or decree stands unreversed. Humphrey v. Faison, 247 N.C. 127, 100 S.E.2d 524, 529.
Final adjudication of material issue by a court of competent jurisdiction binds parties in any subsequent proceeding between or among them, irrespective of difference in forms or causes of action. Mansker v. Dealers Transport Co., 160 Ohio St. 255, 116 N.E.2d 3, 6. Sometimes referred to as issue preclusion.

Black's law dictionary. . 1990.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • estoppel by judgment — see estoppel 2a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • estoppel by judgment — The estoppel raised by the rendition of a valid judgment by a court having jurisdiction. The essence of estoppel by judgment is that there has been a judicial determination of a fact. Price v. Clement, 187 Okl. 304, 102 P.2d 595, 597. It rests… …   Black's law dictionary

  • estoppel by judgment — Technically, the bar of a judgment against the relitigation of particular facts and issues, but used sometimes to indicate a bar against the relitigation of particular causes of action. 30A Am J Rev ed Judgm § 328. See res judicata …   Ballentine's law dictionary

  • estoppel — es·top·pel /e stä pəl/ n [probably from Middle French estoupail plug, stopper, from estouper to stop up see estop] 1: a bar to the use of contradictory words or acts in asserting a claim or right against another; esp: equitable estoppel in this… …   Law dictionary

  • estoppel by verdict — estoppel by verdict: estoppel by judgment at estoppel 2a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • estoppel — /AstopAl/ Estoppel means that party is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly. Graham v. Asbury, 112 Ariz. 184, 540 P.2d 656, 658. A principle …   Black's law dictionary

  • estoppel — /AstopAl/ Estoppel means that party is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly. Graham v. Asbury, 112 Ariz. 184, 540 P.2d 656, 658. A principle …   Black's law dictionary

  • judgment, estoppel by — The estoppel raised by the rendition of a valid judgment by a court having jurisdiction. The essence of estoppel by judgment is that there has been a judicial determination of a fact. Price v. Clement, 187 Okl. 304, 102 P.2d 595, 597. It rests… …   Black's law dictionary

  • judgment, estoppel by — The estoppel raised by the rendition of a valid judgment by a court having jurisdiction. The essence of estoppel by judgment is that there has been a judicial determination of a fact. Price v. Clement, 187 Okl. 304, 102 P.2d 595, 597. It rests… …   Black's law dictionary

  • Estoppel — in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth,… …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”