Estoppel by verdict

This term is sometimes applied to the estoppel arising from a former adjudication of the same fact or issue between the same parties or their privies.

Chicago Theological Seminary v. People, 189 111. 439, 59 N. E. 977; Swank v. Railway Co., 61 Minn. 423, 63 N. W. 1088.

But this use is not correct, as it is not the verdict which creates an estoppel, but the judgment, and it is immaterial whether a jury participated in the trial or not. In pleading. A plea, replication, or other pleading, which, without confessing or denying the matter of fact adversely alleged, relies merely on some matter of estoppel as a ground for excluding the opposite party from the allegation of the fact. Steph. PI.

219; 3 Bl. Comm. 308.

A plea which neither admits nor denies the facts alleged by the plaintiff, but denies his right to allege them. Gould, Pi. c.

2, § 39.

A special plea in bar, which happens where a man has done some act or executed some deed which precludes him from averring anything to the contrary.

3 Bl. Comm. 308.