W. A. Robison, Administrator of the Estate of Robert Sidebotham, Deceased, and Robert Sidebotham and James Sidebotham v. Helene Marceau Sidebotham, W. A. Robison, Administrator of the Estate of Robert Sidebotham, Deceased, and Frank J. Fontes and Delger Trowbridge, His Attorneys v. Helene Marceau Sidebotham

243 F.2d 16 W. A. ROBISON, Administrator of the Estate of Robert Sidebotham, Deceased, and Robert Sidebotham and James Sidebotham, Appellants, v. Helene Marceau SIDEBOTHAM, Appellee. W. A. ROBISON, Administrator of the Estate of Robert Sidebotham, Deceased, and Frank J. Fontes and Delger Trowbridge, his attorneys, Appellants, v. Helene Marceau SIDEBOTHAM, Appellee. No. 15123. United States Court of Appeals Ninth Circuit. April 2, 1957. Rehearing Denied July 25, 1957. Delger Trowbridge, San Rafael, Cal., Frank J. Fontes and Theodore M. Monell, San Francisco, Cal., for appellant. Manuel Ruiz, Jr., Los Angeles, Cal., for appellee. Before HEALY, POPE, and LEMMON, Circuit Judges. LEMMON, Circuit Judge. "Because there must be an end to litigation, the legal principle of res judicata is a salutary one and should be freely applied," says the successful litigant. "Yes, but —", replies his adversary, "yes, but our case is different. As to us, res judicata should not be invoked because," etc. Debates of this type have been going on for centuries. In a towering milestone in the law of res judicata, a California jurist who attained a place on the United States Supreme Court, gave a…