Excerpt from Res Judicata; A Treatise on the Law of Former Adjudication, Vol. 1 of 2: Containing a Complete Analysis of All the Precedents and Principles Concerning the Effect of Judicial, Degrees, Judgments, Orders and Sentences Upon the Rights of Parties, Privies and Strangers, in Other Judicial Proceedings, Either Civil, Criminal or Ecc
These volumes consider all of that important branch of the law which determines when judgments of courts of law and decrees of courts of equity are conclusive and final adjudications, together with the force and effect of a former adjudication as evidence to establish, in another suit, a cause of action, or of defense, or some issue therein, as against parties, privies or strangers.
As stated in the preface of my "Collateral Attack on Judicial Proceedings," my original design was to prepare a treatise on the Law of Judgments. That task, assumed more than ten years ago, soon disclosed the vast range of the subject, the hopeless confusion which prevails in regard to its doctrines and the serious conflict which exists in the judicial decisions. This convinced me that the most practicable method of considering the subject would be found in special treatises upon its most important branches. My "Collateral Attack" was the first result of the work upon those lines. These volumes are a further result of the same scheme and the same effort.
In the preparation of this work, the reports of all the courts, whether nisi prius, intermediate or last resort, have been examined with diligence and care, not only those of the United States, but also of Great Britain, Canada, Australia, New Zealand and the Hawaiian Islands.
It has been my aim to make the consideration of the decisions so exhaustive that there would be no occasion to read the cases themselves. While I have dealt with the specific facts and law of each case, I have also attempted to group them generally and philosophically, and to give the principle involved in each matter considered.
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