Board of Com'rs v. Platt

Citations

• 79 F. 567
• 25 C.C.A. 87
• 1897 U.S. App. LEXIS 2331

Syllabus

<p>1. Bonds Issued to Pay Judgments Create No Debt.</p> <p>. The issue of municipal bonds in satisfaction of a valid judgment against a municipality does not create a debt; it merely extends tbe time for its payment.</p> <p>2. Holders of Such Securities are in Privity wmi the Judgment Creditor.</p> <p>The holder of coupons cut from county bonds issued in satisfaction of a judgment is the owner of a part of the same debt evidenced by the judgment Itself, and is in privity with the judgment creditor. In an action upon the coupons he may invoke every presumption and estoppel in support of Ms Claim which the judgment creditor could call to his aid in an action upon the judgment.</p> <p>3. Judgment—Collateral Attack.</p> <p>The judgment of a court which had jurisdiction of the subject-matter and of the parties to the action is not void, nor can it be successfully attacked collaterally, either because it was erroneous, or because it was obtained l>y fraud and collusion.</p> <p>4. Jurisdiction of Court—Test.</p> <p>The test of the jurisdiction of a court is whether or not it liad power to enter upon the inquiry; not whether its conclusion in the course of it was right or wrong.</p> <p>5. Judgment—Extent of Its Estoppel between the Same Parties.</p> <p>In an action between the same parties, or those in privity with them, upon the same claim or demand, the prior judgment upon the merits is conclusive, not only as to every matter offered, but as to every admissible matter which might have been offered to sustain or defeat the claim or demand.</p> <p>6. Judgment by Default—Effect.</p> <p>A judgment by default is as conclusive an estoppel upon all questions, the decision of which was necessary to the rendition of the judgment, as a judgment after contest and trial.</p> <p>7. Judgment upon Contract Determines the Power of a Defendant Corporation to Make the Contract.</p> <p>In the rendition of every judgment against a corporation upon a contract, the court necessarily determines