Noah Haynes Swayne

“ If a party, when defeated in one tribunal, is permitted to take his chance in another, there can be no end to litigation; for if defeated in the second, he may in like manner resort to a third, and so run the chance of all the courts in the country. ”

“ Nothing in the libel or in the facts in the case changes the cause of action from what it was in the State court. The liability of the city is based on its nonfeasance in both courts; and does not the Supreme Court of Illinois decide the questions raised in the case at bar against the appellants?
It matters not, here, and so far as the defence of an estoppel is concerned, whether the decision in the State court was right or wrong. It is sufficient that the parties appellant selected that tribunal to litigate their supposed grievances. They must be content with the result. ”