State ex rel. Coleman v. City of Leavenworth

Citations

• 75 Kan. 787
• 90 P. 237
• 1907 Kan. LEXIS 130

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Res Judicata. A judgment is ordinarily conclusive between the parties upon all questions directly involved in the issue and necessarily determined by- it, but a judgment is not an estoppel as to facts which did not occur until after the judgment was rendered and which were not involved in the suit in which it was rendered.</p> <p>2. - Limitation of the Estoppel. The fact that a party may have obtained a judgment against another does not estop him subsequently to ask for the same kind of relief against the same party, if conditions have changed and new facts and elements are brought in.</p> <p>3. - Quo Warranto — Cities and City Officers. A judgment in quo warranto in favor of the state ousting a city from the unauthorized exercise of corporate power by its officers does not bar a like action against the same city,, brought many years afterward, based on later abuses of power of the same character by the officers then in control of the city government.</p>