collateral estoppel
Defined in 4 dictionaries — Case Law, Cyclopedic (1922), Black's (1910), Black's (1891)
Definitions from Case Law
From 333 U.S. 591 - Commissioner v. Sunnen · 1948Most cited · 5,752 citing opinions
where the second action between the same parties is upon a different cause or demand, the principle of res judicata is applied much more narrowly. In this situation, the judgment in the prior action operates as an estoppel, not as to matters which might have been litigated and determined, but 'only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.' Since the cause of action involved in the second proceeding is not swallowed by the judgment in the prior suit, the parties are free to litigate points which were not at issue in the first proceeding, even though such points might have been tendered and decided at that time.
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The collateral determination of a question by a court having general jurisdiction of the subject. See 26 Vt. 209.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
The collateral determination of a question by a court having general jurisdiction of the subject. See Small v. Haskins, 26 Vt. 209.
—Equitable estoppel (or estoppel by conduct, or in pais) is the species of estoppel which equity puts upon a person who has made a false representation or a concealment of material facts, with knowledge of the facte, to a party ignorant of the truth of the matter, with the intention that the other party should act upon it, and with the result that such party is actually induced to act upon it, to his damage. Bigelow, Estop. 484. And see Louisville Banking Co. v. Asher, 65 S. W. 831, 23 Ky. Law Rep. 1661; Bank v. Marston, 85 Me. 488, 27 Atl. 529; Richman v. Baldwin, 21 N. J. Law, 403; Railroad Co., v. Perdue, 40 W. Va. 442, 21 S. E. 755.
— Estoppel by deed. where a party has executed a deed, that is, a writing under seal (as a bond) reciting a certain fact, and is thereby precluded from afterwards denying, in any action brought upon that instrument, the fact so recited. Steph. PI. 197. A man shall always be estopped by his own deed, or not permitted to aver or prove anything in contradiction to what he has once so solemnly and deliberately avowed. 2 Bl. Comm. 295 ; Plowd. 434; Hudson v. Winslow Tp., 35 N. J. Law, 441; Taggart v. Risley, 4 Or. 242; Appeal of Waters, 35 Pa 526, 78 Am. Dec. 354.
Defined under Estoppel in Black's Law Dictionary.
A Dictionary of Law
Henry Campbell Black · 1891
The collateral determination of a question by a court having general jurisdiction of the subject. See 26 Vt. 209.