Routh v. Board of County Commissioners

Citations

• 84 Kan. 25
• 113 P. 397
• 1911 Kan. LEXIS 450

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Appeal from Order of Commissioners Disallowing Claims against the County. The board of county commissioners in passing upon claims against the county does. not exercise a strictly judicial function; the appeal which the statute gives from its disallowance of an account is merely a method for getting the controversy into court. The district, court upon such an appeal exercises original jurisdiction, and may adjudicate a question of title to real estate if the-validity of the claim is affected thereby.</p> <p>2. Judgments — Res Judicata. A judgment which may have resulted from a determination of either one of two or more separate issues does not constitute an adjudication as to ■ either, where it is not shown upon which it was in fact based.</p> <p>3. - Same. A judgment against the plaintiff in an action for rent, where the issues were whether the plaintiff owned the property and whether the defendant occupied it under such circumstances as to create an obligation to pay rent to-the owner, does hot estop the plaintiff to assert the same ' title in ejectment subsequently brought against the same defendant, in the absence of a showing that the court in the first action actually decided the question of title against the plaintiff.</p>