grounds of recovery defense in Illinois

1960The plea of res judicata applies not only to the point upon which the court was required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising a reasonable diligence, might have brought forward in time.’ [Quoting from Henderson v. Henderson, 3 Hare, 115.] The principle ‘extends not only to questions of fact and law which were decided in the former suit, but also to the grounds of recovery or defense which might have been but were not presented.’ (Town of Beloit v. Morgan, 7 Wall. 61

1939The plea of res judicata applies not only to the point upon which the court was required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising a reasonable diligence, might have brought forward in time. ’ The principle ‘ extends not only to questions of fact and law which were decided in the former suit, but also to the grounds of recovery or defense which might have been but were not presented. ’ (Town of Beloit v. Morgan, 7 Wall. 619 .) The language of these decisions has been quo

1973The Supreme Court in Godschalck v. Weber, 247 Ill. 269, 274 , 93 N.E. 241 , stated: “ ‘[R]es judicata applies not only to the point upon which the court was required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising a reasonable diligence, might have brought forward in time.’ The principle ‘extends not only to questions of fact and law which were decided in the former suit, but also to the grounds of recovery or defense which might have been but were not presented.’ [Cites omitt

1939Godschalck v. Weber, 247 Ill. 269 .” Upon the question of res judicata, the failure of the respondents in the interpleader case to bring’ to the attention of the court all matters of defense, whether of law or fact — and where a final judgment or decree has been entered, neither of the parties to the action should be permitted to relitigate by undertaking to change his position in the case and to force his adversary to again defend as to the same matters and upon the grounds collateral thereto.

1960The plea of res judicata applies not only to the point upon which the court was required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising a reasonable diligence, might have brought forward in time.’ [Quoting from Henderson v. Henderson, 3 Hare, 115.] The principle ‘extends not only to questions of fact and law which were decided in the former suit, but also to the grounds of recovery or defense which might have been but were not presented.’ (Town of Beloit v. Morgan, 7 Wall. 61

1939The plea of res judicata applies not only to the point upon which the court was required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising a reasonable diligence, might have brought forward in time. ’ The principle ‘ extends not only to questions of fact and law which were decided in the former suit, but also to the grounds of recovery or defense which might have been but were not presented. ’ (Town of Beloit v. Morgan, 7 Wall. 619 .) The language of these decisions has been quo

1960The plea of res judicata applies not only to the point upon which the court was required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising a reasonable diligence, might have brought forward in time.’ [Quoting from Henderson v. Henderson, 3 Hare, 115.] The principle ‘extends not only to questions of fact and law which were decided in the former suit, but also to the grounds of recovery or defense which might have been but were not presented.’ (Town of Beloit v. Morgan, 7 Wall. 61

1889Harmon v. The Auditor, etc., 123 Ill. 122 .

1973The Supreme Court in Godschalck v. Weber, 247 Ill. 269, 274 , 93 N.E. 241 , stated: “ ‘[R]es judicata applies not only to the point upon which the court was required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising a reasonable diligence, might have brought forward in time.’ The principle ‘extends not only to questions of fact and law which were decided in the former suit, but also to the grounds of recovery or defense which might have been but were not presented.’ [Cites omitt

1960The plea of res judicata applies not only to the point upon which the court was required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising a reasonable diligence, might have brought forward in time.’ [Quoting from Henderson v. Henderson, 3 Hare, 115.] The principle ‘extends not only to questions of fact and law which were decided in the former suit, but also to the grounds of recovery or defense which might have been but were not presented.’ (Town of Beloit v. Morgan, 7 Wall. 61

1960App. 486 , and Marie Methodist Episcopal Church of Chicago v. Trinity Methodist Episcopal Church of Chicago, 253 Ill. 21 .

1912It extends not only to the questions of fact and of law which were decided in the former suit, but also to the grounds of recovery or defense which, might have been but were not presented.’ ” In re Northwestern University, 206 Ill. 64 , is also in point.

1903It extends not only to the questions of fact and of law which were decided in the former suit, but also to the grounds of recovery or defense which might have been but were not presented.’” It is contended the holding in Northwestern University v. People, supra, has been modified by the court rendering that opinion in the case of Chicago Theological Seminary v. Illinois, 188 U. S. 662 .