| 单词 | ESTOPPEL |
| 释义 | A bar or impediment raised by the law, which precludes a man fromalleging or from denying a certain fact or state of facts, in consequence of his previousallegation or denial or conduct or admission, or in consequence of a final adjudication ofthe matter in a court of law. Demarest v. Hopper, 22 N. J. Law, 019; Martin v. RailroadCo., 83 Me. 100, 21 Atl. 740; Yeeder v. Mudgett, 95 N. Y. 295; South v. Deaton, 113Ky. 312, 08 S. W. 137; Wilkins v. Suttles, 114 N. C. 550, 19 S. E 000.A preclusion, in law, which prevents a man from alleging or denying a fact, in consequenceof his own previous act, allegation, or denial of a contrary tenor. Steph. l’l.239.An admission of so conclusive a nature that the party whom it affects is not permittedto aver against it or offer evidence to controvert it. 2 Smith, Lead. Cas. 778.Estoppel is that which concludes and “shuts a man’s mouth from speaking thetruth.” When a fact has been agreed on. or decided in a court of record, neither of theparties shall be allowed to call it in question, and have it tried over again at any timethereafter, so long as the judgment or decree stands unreversed; andwhen parties, by deed or solemn, act in pais, agree on a state of facts, and act on it,neither shall ever afterwards be allowed to gainsay a fact so agreed on. or be heard todispute it; in other words, his mouth is shut, and he shall not say that is not true whichhe had before in a solemn manner asserted to be true. Armfield v. Moore, 44 N. C. 157. |
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