record, estoppel by

An "estoppel by record" is the preclusion to deny the truth of a matter set forth in a record, whether judicial or legislative, also to deny the facts adjudicated by a court of competent jurisdiction. An estoppel by record cannot be invoked where allegations or recitals did not conclude pleader in prior proceeding. Blackburn v. Blackburn, Tex.Civ.App., 163 S.W.2d 251, 255.

It bars a second action between the same parties on an issue necessarily raised and decided in the first action. Woods v. Duval, 151 Kan. 472, 99 P.2d 804, 808.

It exists only as between the same parties, or those in privity with them, in same case on same issues. Smith v. Maine, 145 Misc. 521, 260 N.Y.S. 425.

The doctrine prevents a party not only from litigating again what was actually litigated in the former case, but litigating what might have been litigated therein