Bear v. Board of County Commissioners

Citations

• 29 S.E. 719
• 122 N.C. 434
• 1898 N.C. LEXIS 280

Syllabus

<p>Action for Mandamus — Judgment Against County — Res Judicata — Parties.</p> <p>1. A judgment against parties present before a competent Court is conclusive of matters adjudged therein.</p> <p>2. In a proceeding for mandamus to compel the levy of taxes for the payment of á judgment against the Board of Commissioners of a county, it is no defence that the judgment was rendered oií a void claim.</p> <p>3. A judgment against a county or its legal representatives, in a matter of general interest to all of its citizens, unless impeached for fraud or mistake, is binding on every citizen and tax-payer of the county.</p> <p>Douglas1, J., dissents.</p>