Page:Federal Reporter, 1st Series, Volume 4.djvu/400

 886 FE0EBAII 9EP0BTEB. �being iç the Chicago, Burlington & Quincy Railroad Com- pany^ Admitting that there may be a question as to the part •.y?hich each of the individual defendants may bave taken in any act affecting the validity of the stock, still I do not well see how, under the faets ôf the case, and considering the questions involved in it, there ean be said to be a contro- versy which is wholly between Mr. Perkins, who asks for the removal of the cause, and the plaintifs. If it were admitted that he took a more active part in any transaction whieh ■wouid tend to render, or which would actually renier, the stock invalid, it is difficult to understand how that m kes it a controversy wholly between him and the plaintifts, or be- tween the plaintiffs and any one of the individual defend- ants. And if it were conceded also that one of the individual defendants was the owner of a portion of the stock, and ita îrivàlidity was to be determined or ascertained from trans- actions in which the defendants participated jointly, I cannot see that it should be regàrdëd as creating such a contro- versy; but, as bas already been stated, in view of the admitted ownership of the shares of the stock, there cannot be said to be any controversy existing in the case, which is wholly between Mr. Perkins and the plaintiffs, and therefore the application which is made to have the transcript of the rec- ord filed, and the cause entered on the calendar, is overruled. ���Smith ». Town of Ontario. �(Circuit Court, if. Z>. 2few TorJc. November 9, 1880.) �1. PoRMBB Adjtjdication-^-EstoppïbIj. — A former adjudication is an es- �toppel only as to the matters in issue or points in controversy, upon the determination of which the flnding or verdict was rendered. OromweU v. Oounty of Sac, 94 U. S. 351. �2. Bame — "Matteb in Issue" — Definition. — The matter in issue or �point in controversy is that ultimate fact or state of faets in dispute upon which the verdict or flnding is predicated. a. Samk — Matteb of Evidence. — Whatever is nierely matter of evi- dence becomes of no importance af ter the determination of the matter In issue. ����