Collateral estoppel

“ Under [p597] principles of collateral estoppel, these agencies are precluded from subsequently relitigating the issues decided in this suit.
[O] ne who prosecutes or defends a suit in the name of another to establish and protect his own right, or who assists in the prosecution or defense of an action in aid of some interest of his own, and who does this openly to the knowledge of the opposing party, is as much bound by the judgment and as fully entitled to avail himself of it as an estoppel against an adverse party, as he would be if he had been a party to the record. ”

“ Estoppel ordinarily proceeds upon principles which prevent one from denying the truth of statements upon which others have acted, where the denial would have the effect to mislead them to their prejudice. ”

“ As he left, my host clasped his head in desperation and said:
"With such scum of the earth are we now forced after this revolution to work!"
A few minutes later a soldier from Sepailoff brought us a tureen full of soup and the fish pie. As the soldier bent over the table to set the dishes down, the Chief motioned me with his eyes and slipped to me the words: "Notice his face."
When the man went out, my host sat attentively listening until the sounds of the man's steps ceased.
"He is Sepailoff's executioner who hangs and strangles the unfortunate condemned ones." ”

“ But where negotiation is concerned, the conduct lies with us; and with your help, I laugh at danger.’
‘It may be so,’ said Seraphina, sighing. ‘It is elsewhere that I see danger. The people, these abominable people—suppose they should instantly rebel? What a figure we should make in the eyes of Europe to have undertaken an invasion while my own throne was tottering to its fall!’
‘Nay, madam,’ said Gondremark, smiling, ‘here you are beneath yourself. What is it that feeds their discontent? What but the taxes? ”

“ From Colonel Pendleton I managed to extract some further information about the Ettrick-Sutherlin feud. He imparted it with the greatest reluctance.
“You know, Mr. Dallas,” he said, “we've rather got the name, down here, of being foolish about family quarrels, of cherishing them, and all that, to the third and fourth generation. We used to; it used to be the code that every injury must be repaid in kind, a sort of revised Law of Moses. If a member of your house killed a member of ours, then one of us must kill one of you; if one of your men ruined one of our women, then we must retaliate. ”

“ I had a brilliant light, which brought out every curve and angle of the queer building. Gradually, in my absorption as the picture spread over the cardboard, I forgot everything else. I was just putting in the little brass cannon that commanded the approach to the fort, when pencil and picture were snatched violently from my hands. I sprang up, full of wrath.
The old colonel stood before me, his face red, and his eyes flashing with indignation.
"You villain of a spy! You damned Yankee!" he cried.
"What do you mean? Are you crazy?" I asked. ”

“ Upon this mood there followed the sharpest violence of remorse; and to that again, as he recalled his provocation, anger succeeded afresh. So he was tossed in spirit; now bewailing his inconsequence and lack of temper, now flaming up in white hot indignation and a noble pity for himself.
He paced his apartment like a leopard. There was danger in Otto, for a flash. Like a pistol, he could kill at one moment, and the next he might be kicked aside. ”

“ The two grenadiers of the Guard, their tambour, the two Highlanders, and the young bugler, were now beckoned to advance, and D'Estouville shared the contents of his flask among them, while they shook hands all round heartily, and regarded each other's uniform, accoutrements, and bronzed visages with evident curiosity.
"We have drunk to the health of your General Hill. C'est un vieux routier, as we Frenchmen say," observed D'Estouville, replacing his empty flask. "As for your leader, Monsieur Wellington, I cannot say I admire him: he is not the man to gain the love of the soldier. ”

“ I received a visit the next morning from the colonel himself. His manner was still of a piece with that he had shown on the return march from the mountains, marked by a certain haughtiness and reserve differing much from the fiery temperament characteristic of him.
"Well, am I to be shot to-day, colonel?" I asked, and I think I asked it cheerfully, for, mark you, I had returned to my old state of incredulity.
"Not to-day," he said. "I have decided to postpone it until I find out where the treason in my garrison lies. You can see that your death might be in the way of my investigation." ”

“ Colonel Sepailoff, the darkest person on the canvas of Mongolian events! Formerly a mechanician, afterwards a gendarme, he had gained quick promotion under the Czar's régime. He was always nervously jerking and wriggling his body and talking ceaselessly, making most unattractive sounds in his throat and sputtering with saliva all over his lips, his whole face often contracted with spasms. He was mad and Baron Ungern twice appointed a commission of surgeons to examine him and ordered him to rest in the hope he could rid the man of his evil genius. Undoubtedly Sepailoff was a sadist. ”

“ Furiously I drew the mortal weapon, but was soon overpowered and disarmed by the numerous attendants of my foe. I applied for redress—for justice. I denounced my enemy as the murderer of Anselma. It was all in vain; justice affected to be deaf to my earnest and reiterated appeal. Alas! what redress could I obtain against so powerful an enemy? His constant good fortune had raised him in the estimation of the court; he was brave, victorious in various encounters against the Moors in the war of Granada. ”

“ Had he not cause to distrust that baron, and to believe that means neither fair nor honourable might be employed by his enemy to wipe out the feud? What if this self-styled harper should turn out to be no minstrel after all, but a hired assassin, a follower of that base churl, his hated foe! To suspect was to believe. In his excited, drink-clouded brain wrath sprang up, fully armed. He would speedily put an end to that treacherous scheme; his enemies should learn that if one can plot, another may have cunning to bring to naught such treachery. ”

“ I answered, for the insolent look of the man had set my blood on fire. “I desire no better than that I have already had.”
“Then by my faith you shall see more of it!” cried the regent, losing his calmness in an instant. “Here, lieutenant,” he called to an officer near the door, “bring in a squad of guards and arrest these men. I will see if we are to have roistering and murder at mid-day in the streets of Paris.”
“’Tis useless to resist,” said Richelieu to me in a low voice as I drew my sword. “He will not dare use much severity.” ”

“ Eustace was thunder-struck, and rushed after his commander to enquire the cause of such severe treatment. "I forgave your extortion and licentiousness," said the General, with a stern austere look which pierced him to the soul; "I pardon the rashness which broke our line of defence, and weakened us by the loss of a brave detachment. After this I took you into a confidential situation, and you betrayed your General and your Prince.
"Never, never," was the exclamation of the tortured Eustace. "I own my other offences, but with my latest breath I deny being a traitor." ”

“ You, who have betrayed your husband, may betray me to Gondremark; my Prince would betray no one. Understand it plainly,’ she cried, ‘’tis of his pure forbearance that you sit there; he had the power—I gave it him—to change the parts; and he refused, and went to prison in your place.’
The Princess spoke with some distress. ‘Your violence shocks me and pains me,’ she began, ‘but I cannot be angry with what at least does honour to the mistaken kindness of your heart: it was right for me to know this. I will condescend to tell you. ”

“ You should never call anybody a liar when you're within range of his gun. No, we're not going to shoot. We always respect a flag of truce, though we doubt whether you would. Now, I want to ask you what have we ever done to make you think we'd betray a comrade like Henry? Are you judging us by yourself? You might have a thousand warriors out there and our answer would be the same. Try to take us and see what will happen. We give you just two minutes to get out of range."
Wyatt, Blackstaffe and the two Indians retired hurriedly. Long Jim uttered an indignant exclamation. ”

“ While weeping over our dead, and rejoicing because of having beaten back the enemy when it seemed as if the assault was about to be successful, fear regarding the safety of Colonel Willett and Lieutenant Stockwell lay heavily upon our hearts. It was the belief of nearly all the garrison that the two officers had been captured, and, if such had been the case, there could be no question but that they suffered a terrible death at the stake while the savages were mourning over their loss. ”

“ I remembered that Hérault was lieutenant of police.
“He is right,” I said, dropping my point. “Let us adjourn to the street, monsieur. There, at least, we shall injure no one but ourselves.”
We had already commenced the combat, and I admit that I took my chance in lowering my guard, but I was not prepared for the act of cowardice which followed. For before I could recover myself I felt rather than saw my antagonist thrust at me, and I involuntarily closed my eyes as I waited to feel his sword in my flesh. ”

“ I find you an active and zealous member of a conspiracy to overthrow the Austrian Government in this city—one of a set of conspirators whose first act is to be the assassination of Colonel Marinovich, commandant of the Arsenal. As far as I am concerned, you first resolved to denounce me to your associates as a spy; foiled in that attempt, you incite an accomplice to murder me, and on his failure, use your best endeavours to stab me yourself; in the struggle I disarm you, and you find yourself in the power of the man for whose blood you have been thirsting. ”

“ More often than not the drama ends with a stab of the knife or a hit with an axe or club. But this method of settling accounts causes police intervention, court inquiry and sentence, and the man breathing with vengeance employs other means: he invokes the assistance of the "viedunya," an old woman who boasts expert knowledge of all kinds of poisons. ”

“ It was one of many occasions in this war in which one wondered why, if a bullet-proof shield capable of sheltering a lying man could be constructed, a trial should not be given to it. Alternate rushes of companies with a safe rest after each rush would save the troops from the continued tension of that deadly never ending fire. ”

“ At this time on our right, where the third division were storming the second breach, we could hear a loud cheering which had a magical effect. Regardless of the enemy’s fire and every other impediment, the men dashed in over the breach carrying everything before them. I had got up among the first, and was struggling with a crowd of our fellows to push over the splintered and broken wall that formed the breach, when Major Napier, who was by my side encouraging on the men, received a shot, and, staggering back, would in all probability have fallen into the trench, had I not caught him. ”

“ If I were again unluckily sent with a flag of truce into Sebastopol, on any mission such as the burial of the dead and removal of the wounded, or so forth, it would, I knew, be certainly violated by Tolstoff, and myself be made prisoner for the affairs at Yalta. Then if such a duty were again offered me, on what plea could I, with honour, decline it? I could but devoutly hope that no such contingency might happen for me again. ”

“ While they were passing the spot where Tell lay concealed, he heard the cruel tyrant denouncing the most deadly vengeance, not only on himself, but his helpless family: "If I live to return to Altdorf," he exclaimed, "I will destroy the whole brood of the traitor Tell, mother and children, in the same hour."
"Monster, thou shalt return to Altdorf no more!" murmured Tell. So, raising himself up in his lair, and fitting an arrow to his bow, he took deadly aim at the relentless bosom that was planning the destruction of all his family. ”

“ We alone are holding out. What chance have we ever to carry our cause through to success?"
Colonel Hetherill looked around at his men as if he feared the effect of those words upon them. They were impassive, though I inferred from what Grace had said that several were beginning to share the doctor's way of thinking.
[119]
"Your answer," said the colonel to Dr. Ambrose, "is sufficient proof of treasonable designs. The answer itself I consider treason. I will hear no more." ”

“ Therefore it was that I asked Sergeant Corney what his belief was regarding the matter.
"It looks to me much as if Colonel Willett an' Lieutenant Stockwell had been captured."
"How do you figure that out?"
"Because an assault is evidently about to be made. If they are not prisoners, the enemy has learned that they left the fort." ”

“ I have consulted a firm of lawyers, and by their advice I shall surrender myself on the day after to-morrow."
"You will surrender to the police?" The woman was thoroughly alarmed. "They will convict you. They will----ugh!" She shuddered.
"No," said the Doctor more kindly than he had as yet spoken. "Do not be afraid. They will neither convict me, nor hang me. I will stand my trial, and come out of it a freed man."
"But if not? Even innocent men have been convicted."
"Even innocent men! Why do you say even? Do you doubt that I am innocent?" ”