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