McEntire v. Williamson

Citations

• 63 Kan. 275
• 65 P. 244
• 1901 Kan. LEXIS 135

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities and City Oeeicers — Excessive Tax Levy — Collateral Attach on Judgment. A valid judgment against a city on coupons clipped from municipal bonds of such city, regularly issued, and the issuance of a peremptory writ of mandamus in a proceeding regularly brought for such purpose against the officers of such city, and their successors in office, commanding them to levy a tax to pay such judgment, are conclusive on the question whether the levy ordered is in excess of the statutory power of the city to levy taxes, and cannot be again raised or retried, in a subsequent action for injunction brought by a taxpayer of the city.</p> <p>2. -Mandamus — Taxpayer is in Privity and Concluded by It. A taxpayer in a city is in privity with the municipal officers of such city in a proceeding brought against them in their representative capacity for the purpose of obtaining a writ of mandamus to compel the levy of a tax to pay a valid judgment against the city, and is concluded by the final decision and the issuance of a peremptory writ of mandamus upon all questions necessarily involved in the final decision and the granting of such peremptory writ, as effectively as are the parties to the record.</p>