Riordan v. Ferguson

(dissenting from so much of the opinion as rejects the defense of res judicata, and from the judgment) .

The defense of res judicata is universally respected, but actually not very well liked. The obvious public interest against protracted retrials of matters already fairly settled and the private interest in relying on the protection of final judgments require some obeisance to the defense in principle; but tenderness for a supplicating litigant stays the judicial hand from its forthright application. Undoubtedly the general modern trend of making allowances for procedural mistakes plays its…