This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1914 Excerpt: ...2, 3 The plaintiff in this case, Orcutt, and all
the other taxpayers of the district, are bound by the decree of the
Circuit Court of Appeals. The matter becomes res judicata by reason
of the decree of that court and whether we would adopt its
reasoning or not. The syllabus reads: "(1) Where an irrigation
district organized under the laws of a state and expressly
authorized to issue bonds seljs the same to the highest bidder
after advertisement, and to use the proceeds for the construction
of irrigation works, issued bonds which it had voted at par
directly to a contractor in payment for work which he had
performed, its action was at most no more than an irregular
exercise of its power, and, where neither the district nor any
taxpayer questioned the validity of the bonds until eight years
after their issuance and after the right of the contractor to
maintain an action at law to recover for his work was barred by
limitation, a subsequent purchaser of property in the district
cannot then maintain a suit to have them declared void because of
such irregularity. (2) Courts of equity in cases of concurrent
jurisdiction usually consider themselves bound by the statute of
limitations which governs courts of law in like cases, and this
rather in obedience to the statute than by analogy." 4 In Owens v.
City of South Omaha, 2 Neb. (Unof.)' 466, 89 N. W. 285, It is said
in the syllabus: "(1) A judgment recovered in an action upon a
judgment cannot be collaterally assailed upon the ground that the
last-mentioned judgment was fraudulently obtained. (2) A judgment
against a municipal corporation is equally conclusive upon the city
and its taxpayers." In the language of Commissioner Ames, who
prepared the opinion: "The questions involved in both ca...
|Country of origin:
Iowa Supreme Court
||246 x 189 x 59mm (L x W x T)
||Paperback - Trade
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