Stallcup v. City of Tacoma

Citations

• 13 Wash. 141
• 42 P. 541
• 1895 Wash. LEXIS 63

Syllabus

<p>JUDGMENT—BES JUDICATA—JUDICIAL NOTICE OF BECOBDS OF APPELLATE COUBT—ELECTIONS—BEGISTBATION—MUNICIPAL COBPOBATIONS —ISSUANCE OF BONDS—VALIDITY.</p> <p>An appellate court will take judicial notice of its records and of what issues were presented for determination by the record in a given cause, and will not consider an allegation of a complaint that certain questions were not presented for determination upon appeal in another action, when it appears from an inspection of its records that such allegation is unfounded.</p> <p>A decision of the supreme court determining the legality of municipal bonds, in an action by a taxpayer in behalf of himself and all others similarly situated to restrain the city from issuing the bonds, is, in the absence of fraud or collusion, conclusive'of their validity in a subsequent action by another taxpayer to restrain the city from paying interest thereon, especially when it appears from the records in the former action that the same questions involving the legality of the bonds were presented to the consideration of the court in both actions.</p> <p>The right to vote in this state at any election, general or special, resides in those possessing the qualifications prescribed by § 1, art. 6, of the constitution, subject to reasonable legislative provisions respecting registration and regulating the exercise of the right; and the failure of the legislature to make provision for registration, as required by §7, art. 6, of the constitution, will not operate to invalidate any election held without such registration.</p> <p>The motives which induced voters to authorize the issuance of municipal bonds for the purchase of a light and water plant cannot be inquired into by the courts, when the propriety of becoming indebted for such purposes has been committed to the voters by the constitution and statutes of the state.</p> <p>A decree adjudicating that negotiable municipal bonds are invalid is of no effect as against holders for value before m