Harmon v. Auditor of Public Accounts

Citations

• 123 Ill. 122
• 13 N.E. 161

Syllabus

<p>1. Fobmeb adjudication—conclusive as between two defendants in chancery. A decree settling adverse interests of two defendants in a chancery suit, when they have had a hearing on the merits and an opportunity of asserting their respective claims, will conclude them as fully as if the suit had been brought by the one against the other, so far as it affects rights presented to the court and passed upon.</p> <p>2. Same—suit by tax-payers involving validity of municipal bonds— upon whom decree binding. So where a bill was filed by certain tax-payers of a town, on behalf of themselves and the other tax-payers, against a railway company, the town, and the 1 supervisor and town clerk thereof, to enjoin such town and its officers from issuing bonds of the town to the railway company in pursuance of a vote at a special town meeting, and the same was dismissed by this court, on appeal, for want of equity, this court holding there were no sufficient grounds shown for the relief sought, it was held, that the obligation resting upon the town to issue the bonds was just as binding, by reason of the decision of this court, as though judgment had been rendered in a mandamus proceeding, or in a suit on the bonds.</p> <p>3. Same—the prior adjudication as a ban to any funther litigation concerning the validity of the same bonds. And where, in such suit, the liability of the town to issue its bonds in aid of the railway company is adjudged against the town, under a bill denying such liability, other taxpayers and citizens of the town will be concluded by the decree, and they can not, by another bill to prevent the collection of a tax to pay such bonds when issued, dispute their validity upon any of the grounds which were or could have been litigated in the prior suit.</p> <p>4. Same—conclusiveness—upon whom, and in respect to what matters. The value of a plea of a former recovery does not depend upon the reasons given by the court for rendering the judgment or decree. The principle