Viator v. Stone

DISSENTING OPINION.

In 30 Am. Jur. p. 910, Judgments, Sec. 164, it is said "Wherever a final adjudication by persons invested with power to decide on the property and rights of the citizen is examinable by the Supreme Court, upon a writ of error or a certiorari, such final adjudication may be pleaded as res adjudicata." This text is taken almost literally from Mercein v. People, 25 Wend., N.Y., 64, 35 Am. Dec. 653, the opinion in that case concluding that "in every such case the adjudication may be pleaded as res adjudicata, and is conclusive upon the parties in all future controversies…