Same-evidence test
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 57 U.S. 114 - Reuben Chapman Governor for the Use of John Leavitt and Rufus Leavitt v. Alexander Smith Bolling Hall Malcolm Smith and John G Graham · 1853Most cited · 12 citing opinions
res judicata
Here we cannot help seeing, that the matters sought to be put in issue by the replication are those necessarily involved in the former trial; and to uphold it would be to permit the same facts to be agitated over again. Certainly, neglect to levy the money on the execution out of the defendant's goods within the sheriff's bailiwick, or neglect to sell them, and make the money after the levy, are facts bearing directly on the former issue; and one criterion for trying whether the matters or cause of action be the same as in the former suit, is, that the same evidence will sustain both actions.
How often courts cite the case defining “Same-evidence test”
Court decisions citing the opinion that defined “Same-evidence test” — 12 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.