Collateral Order Doctrine - Law Dictionary Search Results
collateral order doctrine
Matched in: Term collateral order doctrine
Merger
is but a partial extinguishment for a time; while extinguishment, properly so termed, is the destruction of a collateral thing in the subject itself out of which it is derived. 'In order that there may be a … the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177. The doctrine of merger probably results from the maxim, Nemo potest esse dominus et tenens; or perhaps from the inconsistency,
res judicata
doctrine in civil litigation that requires and includes the barring of relitigation of settled matters under merger, bar, collateral estoppel, and direct estoppel : former adjudication compare bar estoppel by judgment at estoppel, merger b : a … determination that is considered final and bars relitigation of the same matter [the trial court interpreted the earlier order as a dismissal with prejudice and thus res judicata as to the subsequent complaint "Southeast Mortg. Co. v.
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Recovery
a fee-simple and so barred the entail, and all remainders and reversions expectant there-on, with all conditions and collateral limitations annexed to them, and subsequent charges sub-ordinate to the entail. But incumbrances on the estate-tail equally affected … an estate-tail by a fictitious real action was based upon (a) the doctrine that the tenant-in-tail could sell the entailed lands for an estate in … This assurance consisted of two parts: (1) The recovery itself, which was a fictitious rea action in the Court of Common Pleas, carried on to judgment, and founded on the supposition of an adverse claim; and (2)
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