Edward Douglass White

“ This, however, is but to assert that the previous judgment was wrong, and, therefore, in determining its effect as res judicata we must treat it as embracing matters which it did not include. To give full force and effect to the judgment we must necessarily exclude those things which the judgment excluded. To hold to the contrary would be to decide that the former judgment must be accepted as correct, and yet it must be extended to controversies which are beyond its reach, because the judgment was wrongfully rendered. ”

“ Each defendant, in a motion for a new trial, alleged the commission of error by the court in 'failing to give full faith and credit' to the judgment of the circuit court of appeals in the Lancaster county action. The supreme court of Nebraska considered the subject, and as its conclusion was that the judgment of the circuit court of appeals was not res judicata of the issues in this cause, it therefore decided that, in refusing to give effect of res judicata to such judgment, the trial court had not wrongfully denied the validity of an authority exercised under the United States. ”

“ In so deciding the court expressly held that the averments in the petition relative to the fraud and deceit claimed to have been practised upon the plaintiff through reports to the Comptroller of the Currency were mere matter of inducement or surplusage, and did not constitute averments of a substantive cause of action. ”