State ex rel. Schneider v. Board of Education

Because the order of the Eighth District Court of Appeals stated that “[t]here is an adequate remedy at law,” the board argues that it was a final decision on the merits of Schneider’s mandamus action, barring any further such action by him.

“* * * [T]he principle of res judicata * * * is that ‘a final judgment or decree rendered upon the merits, without fraud or collusion, by a court of competent jurisdiction is conclusive of rights, questions and facts in issue as to the parties and their privies, and is a complete bar to any subsequent ac*282tion on the same claim or cause of action between the…