Warren v. . Maxwell

The complaint is a model of conciseness and fairness. It was obviously the purpose of the pleader to strip the case of non-essentials and bring the controversy to the real issue — at most a narrow one — -upon facts about which there could be no dispute. But the peculiar nature of the remedy sought, in view of the frank statements in the complaint, renders plaintiffs’ case vulnerable in two aspects: On the question whether they have the right to be heard at all in the attempted relitigation • of a matter already heard by a competent tribunal on the merits; and, if that obstacle is hurdled,…