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TENATIVE DRAFTS 1 & 2, QUESTIONS SUGGESTED FOR DISC. [i] (May 6-9, 1941)

handle is hein.ali/relwdmts0019 and id is 1 raw text is: The American Law Institute RESTATEMENT OF JUDGMENTS Tentative Draft Nos. 1 & 2 Questions Suggested for Discussion at Nineteenth Annual Meeting, May 6-9, 1941. Discussion is not confined to the questions pre- sented here. You are earnestly requested to raise any further points which occur to you. TENTATIVE DAF'r No. 1. 1. §§ 301 et seq. GExIIAL SCOPE. Is the fundamental distinction properly brought out between (1) personal judgments, and (2) judg- ments affecting only interests in property (judgments in rei aud quasi in rein) ? Is the distinction properly brought out between (1) the effect of a personal judgment on the same cause of action (merger and bar), and (2) its effect on other causes of action (collateral estoppel)? 2. § 309. JUDGMENT NOT FOR TIiE PAYMENT OF MoY. To what extent do the rules of res judicata apply to judgments not for the payment of money, as for example decrees for the specific performance of a contract? 3. § 321. EFFECT OF FAILURE TO INTERPOSR COUN- TERCLAIM. If the same facts constitute a defense to the plain- tiff's claim and a ground of counterclaim, and the de- fendant pleads the facts as a defense and judgment is given for him, is he precluded from maintaining an ac- tion against the plaintiff? See Comment d.

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