Stanley Matthews

“ No fraud or unfairness was practiced by the plaintiff in error in procuring it. The defendants in error had abundant opportunity to make the defense they now urge, and if they failed to do so it was altogether their own fault. The judgment is conclusive between the parties, upon all the points made in the present suit, in the jurisdiction where it was rendered, and was entitled to be so regarded in the courts of Connecticut. ”

“ Without entering upon a discussion of the general question, it is sufficient for the present purpose to say that no waiver or release of errors, operating as a bar to the further prosecution of an appeal or writ of error, can be implied, except from conduct which is inconsistent with the claim of a right to reverse the judgment or decree which it is sought to bring into review. ”

“ We are not prepared to say that if Atkinson in his life-time had presented his account for the amount now admitted to be due upon the contract, and had been told by Stanton and Palmer that they repudiated all liability, on the ground that his services were illegal and against public policy, and therefore not entitled to compensation at all, he would have been guilty of any breach of law or morals in insisting upon whatever the law would award for their actual value. ”

“ Ann. 246; Adams v. Way, 33 Conn. 419; Womack v. Dearman, 7 Porter, 513; Pepoon v. Jenkins, 2 Johns. Cas. 119; Williams v. Wilkes, 14 Pa. St. 228; Turnbull v. Payson, 95 U.S. 418; Cage's Ex'rs v. Cassidy, 23 How. 109 ”