Hill v. Grandey

(concurring in result) I agree with the majority of my brothers that the judgment below must be reversed. But I would do so on the basis of the 1967 declaratory judgment obtained by now defendant Concord against now plaintiff Hill. In my view, the issues now sought to be raised were in fact raised, litigated and concluded in that action.

True it is that these issues were not raised in the 1967 complaint, and that Concord sought to have them excluded from judicial consideration. But they were put in issue by the answer, which squarely raised the questions decided in Dodge v. Aetna Casualty, 127…