The Northwestern Reporter Volume 148 (Paperback)

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...