Opinion
Gen. No. 10,053. (Abstract of Decision.)
Opinion filed March 8, 1946 Released for publication April 1, 1946
APPEAL AND ERROR, § 1619 — questions of law which could have been presented in appellate tribunal as res judicata. When litigation is prosecuted to appellate tribunal and questions of law are decided, all such questions relating to same subject matter which were open to consideration and could have been presented are res judicata, whether they were presented or not and whether judgment was reversed and cause remanded or judgment affirmed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Winnebago county; the Hon. WILLIAM R. DUSTER, Judge, presiding.
Judgment affirmed. Heard in this court at the October term, 1945.
Stanton E. Hyer, for appellant;
Charles H. Davis, for appellee.
Not to be published in full. Opinion filed March 8, 1946; released for publication April 1, 1946.