Gates v. Newman

Dissenting Opinion.

Black, J. —

In the opinion adopted' by the majority of the court, there is no expressed purpose to antagonize in any way the decision in Goble v. Dillon, 86 Ind. 327; but, on the contrary, there is manifested an intention to decide in accordance with that case, and it appears to be supposed that it supports the conclusion reached in the case at bar upon the subject of res judicata; yet this conclusion is in conflict with the decision of the Supreme Court in that case. Therefore I am constrained to dissent from the conclusion reached by my brethren.

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