Sauls v. Freeman

Citations

• 24 Fla. 209

Syllabus

<p>1. The interest which under the statute of 1862, sec. 28, p. 337, McC’s. Digest, disqualifies a judge from sitting in a cause is a property interest in the action or in its result. The interest which he may have in common with other citizens in a public matter does not disqualify him.</p> <p>2. The fact that a Circuit Judge signed, with other registered voters of the county, a petition addressed to the County Commissioners asking for a change of the county site, did not disqualify him, on the ground of interest, to sit in a mandamus proceeding instituted by some of the petitioners to compel the Commissioners to call an election on the question of changing the county site, as it is made their duty to do by the statute.</p> <p>3. A judgment on the merits is an absolute bar to a subsequent action on the same claim, and concludes the parties and their pi’ivies, not only as to every matter which was offered and received to-sustain or defeat the claim, but also as to any other admissible matter that might have been offered for either purpose. The admission by the pleadings of material facts doss not constitute-an exception to the rule.</p> <p>4. A judgment against a county, or its legal representatives as such, in a matter of general interest to all the people thereof, is, in the • absence of fraud between such officials and the opposing parties, binding upon all the citizens of the county.</p> <p>5. A judgment in mandamus commanding the County Commissioners to call an election on the question of changing the location of the county site is a bar to a bill in equity instituted by registered voters, other than those who were relators in the mand.imus, to restrain the Commissioners from moving the county records to the place chosen as the county site at such election, the matters alleged in the bill being such as could have been set up by the Commissioners in the mandamus proceeding.</p> <p>6. Where it is apparent on the face of a bill for an injunction that the complaina