Slater v. Stoffel

Concurring Opinion

White, J.

While it is true that an adjudication not on the merits does not preclude relitigation of issues not decided (if the objection which proved fatal in the first action can be avoided in a subsequent action1.) it is nevertheless, *681conclusive as to the points actually decided.2 The federal court decision was that appellants’ cause of action was barred by the six-months limitation of Ind. Acts 1953, ch. 112, § 1401, Burns Ind. Stat. Ann. § 7-801, subsection (a) and that Ind. Acts 1961, ch. 287, § 1, which added subsection (f) creating an exception for tort claims, did not…