- 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.See also collateral estoppel doctrine- issue preclusionCompare res (res judicata)+ estoppel by judgmentTerm 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. HENRY CAMPBELL BLACK, M. A.. 1990.