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A deree absolvitor, pronounced in absence of the defender, found a res judicata in another process consequent upon the former, raised at the defender's instance against the pursuer's representatives; though it was pleaded as extremely unequal, that the absence of parties should give them all the benefit of the sentence when in their favour, without being tied down when it is against them; in respect it was answered, That a decreet in absence must have this effect, or none at all; and with respect to the inequality, the pursuer against whom the decerniture goes, ought not to be in a better situation than if the defender had been present. See Appendix.
