Cited by

Opinions in New Hampshire that cite Ainsworth v. Claremont, 226 A.2d 867.

17 citing documents.

  • Simpson v. Calivas 650 A.2d 318 N.H. 1994
    RESTATEMENT (SECOND) OF JUDGMENTS § 27 (1980); cf. Ainsworth v. Claremont, 108 N.H. 55, 56, 226 A.2d 867, 869 (1967) (collateral estoppel only applicable to those matters “directly in issue”).
  • In re Gilpatric 639 A.2d 267 N.H. 1994
    The issue before the department, however, was one of Gilpatric’s condition some eight months later.
  • Day v. New Hampshire Retirement System 635 A.2d 493 N.H. 1993
    Daigle v. City of Portsmouth, 129 N.H. 561, 570, 534 A.2d 689, 693 (1987); Restatement (Second) of Judgments § 27 (1980); cf. Ainsworth v. Claremont, 108 N.H. 55, 56, 226 A.2d 867, 869 (1967) (eollataral estoppel only applicable to those matters “directly in issue”).
  • Estate of LaRoche v. Doe 594 A.2d 1297 N.H. 1991
    Ainsworth v. Claremont, 108 N.H. 55, 56, 226 A.2d 867, 869 (1967), quoted in R. Wiebusch, 5 New Hampshire Practice, Civil Practice and Procedure § 1871, at 391 (1984).
  • Caouette v. Town of New Ipswich 484 A.2d 1106 N.H. 1984
    Ainsworth v. Claremont, 108 N.H. 55, 226 A.2d 867 (1967); Metcalf v. Gilmore, 63 N.H. 174 (1884).
  • Appeal of Public Service Co. 424 A.2d 197 N.H. 1980
    The significance of this question lies in the fact that the judgment in the prior appeals operates as an estoppel as to the matters then in issue but not to those points which were merely matters in evidence.
  • Jones v. Jones 419 A.2d 403 N.H. 1980
    The issue is res judicata, long since barred by his failure in any way to attack the decree until the plaintiff sought to enforce it several years later.
  • Christian Camps & Conferences, Inc. v. Town of Alton 388 A.2d 187 N.H. 1978
    The claim by the defendant town of the benefits of this doctrine is inapt, since the claim in the instant case is for a different *354 tax year and results from a different assessment, and therefore involves a different cause of action.
  • Bricker v. Crane 387 A.2d 321 N.H. 1978
    Current usage gives the term res judicata a broad meaning covering all the various ways in which a judgment in one action will have a binding effect in another action.
  • Concrete Constructors, Inc. v. Manchester Bank 377 A.2d 612 N.H. 1977
    The heart of the doctrine of res judicata is that a final judgment by a court of competent jurisdiction is conclusive upon the parties in a'subsequent litigation involving the same cause of action.
  • Innie v. W & R, INC. 359 A.2d 616 N.H. 1976
    Works, 114 N.H. 392, 324 A.2d 713 (1974); Ainsworth v. Claremont, 108 N.H. 55, 226 A.2d 867 (1967); Annot., 77 A.L.R.2d 1410, 1423 (1961).
  • University of New Hampshire v. April 347 A.2d 446 N.H. 1975
    Lougee v. Beres, 113 N.H. 712, 714, 313 A.2d 422, 423 (1973); Ainsworth v. Claremont, 108 N.H. 55, 226 A.2d 867 (1967); Restatement of Judgments § 65 (1) (1942); Restatement (Second) of Judgments § 61 (Tent.
  • Lougee v. Beres 313 A.2d 422 N.H. 1973
    Bottomly v. Parmenter, 85 N.H. 322, 159 A. 302 (1932); Ainsworth v. Claremont, 108 N.H. 55, 226 A.2d 867 (1967); Restatement of Judgments §65 (1) (1942); Restatement (Second) of Judgments §61 (Tent.
  • DiMauro v. City of Manchester 313 A.2d 728 N.H. 1973
    We need not quarrel with this proposition (see Ainsworth v. Claremont, 108 N.H. 55, 226 A.2d 867 (1967)), to reach the conclusion that the two causes of action could properly be found by the trial court to be capable of joinder in a single proceeding as a matter of convenience in trial.
  • Morin v. J. H. Valliere Co. 309 A.2d 153 N.H. 1973
    Ainsworth v. Claremont, 108 N.H. 55, 56, 226 A.2d 867, 869 (1967); F. James, Civil Procedure § 11.9, at 549, 550 (1965); Restatement (Second) of Judgments, Introductory Note at 1 (Tent.
  • Heath Ex Rel. Heath v. Seymour 270 A.2d 602 N.H. 1970
    Nor would the court’s decree constitute a collateral estoppel preventing him from litigating that issue.
  • Hildreth v. Bergeron 263 A.2d 664 N.H. 1970
    However, in order for plaintiff to be barred by collateral estoppel the issue must be the same and here it is not.