Kinney v. Eastern Trust & Banking Co.

Citations

• 123 F. 297
• 14 Ohio F. Dec. 404
• 1903 U.S. App. LEXIS 3997

Syllabus

<p>1. Municipal Corporations—Bonds—Actions—Mandamos—Parties.</p> <p>Where a judgment had been recovered in an action on certain municipal bonds in favor of the holders, taxpayers were not entitled to be-made parties to a subsequent suit to enforce the judgment by mandamus, for the purpose of having the judgment opened and relitigating the-validity of the bonds.</p> <p>2. Same—Nature—Proceedings.</p> <p>A mandamus proceeding to enforce a judgment on municipal bonds-against a corporation is not a new suit against the taxpayers of the municipality, but is purely ancillary to the original action, and a substitute for the ordinary process of execution.</p> <p>¶ 1. Enforcement of judgment against municipality by mandamus, see note Holt Co. v. National Life Ins. Co., 25 C. C. A. 475.</p> <p>8. Same—Judgments—Conclusiveness—Parties.</p> <p>Holders of municipal bonds, not parties to a suit in a state court in which bonds of the same issue were declared void, were not bound by the decree.</p>