McKie v. Rose

Citations

• 140 F. 145
• 1905 U.S. App. LEXIS 4775

Syllabus

<p>1. Judgment — Conclusiveness—Facts Necessary to Sustain Judgment.</p> <p>An island town was authorized by the Legislature to appropriate and use . not exceeding a stated sum of money in the construction and operation of a steamboat, and to hire said money and issue its notes or bonds therefor. Subsequently plaintiff recovered a judgment against the town for a portion of the cost of such boat and its fittings. Held, that such judgment was conclusive that the contract sued on was within the authority conferred on the town, and valid, and that it was no defense to a petition for a writ of mandamus to compel the levy of a tax to pay the judgment, under the general statutes of the state providing therefor, that the town had issued its notes to the full amount authorized by the special act, and had used the proceeds; since, the power of the town to contract under the act being limited to such amount, and plaintiff’s contract having been found to be within that limit, the town was bound to apply so much of such proceeds as was necessary to the payment of plaintiff’s claim, and cannot avoid liability by a misuse or wrongful expenditure of the money.</p> <p>2. Mandamus — Proceeding to Compel Levy oe Tax — Parties.</p> <p>In proceedings for a writ of mandamus to compel the levy of a tax by a town to pay a judgment all of the officers whose action is necessary to the levy of such tax may properly be joined as defendants, although some of them may not have refused to act.</p>