Schmitt v. Pierce

On Motion for Rehearing

In their motion for rehearing or in the alternative for transfer to the court en banc defendants say that we erroneously ruled upon the issue of res adjudicata in the opinion, that we assumed that only factual issues can be res adjudicata and that we ignored that questions of law are also adjudicated, and once adjudicated cannot thereafter be submitted again for determination.

We said in the opinion that the decree is only conclusive and operates as an es-toppel as to the issues actually litigated and settled, and where the subsequent action is upon a different claim,…