State ex rel. Galdwin v. City of Cheney

Citations

• 67 Wash. 151
• 121 P. 48
• 1912 Wash. LEXIS 1137

Syllabus

<p>Judgment — Bar—Estoppel by Judgment — Matters That Might Have Been Litigated. Where a holder of warrants brought a suit in equity setting out three warrants and alleging that he and others held other similar warrants, and that he brought the suit for the benefit of all to avoid a multiplicity of suits, seeking the affirmance of a principle upon which all of his warrants and others might be validated, and on appeal a decree established the validity of the three warrants in question, and remanded the case for the purposes of taking testimony to determine the validity of plaintiff’s other warrants, opening the door of equity for plaintiff to establish the validity of all his warrants, whereupon he presented part of his warrants but withheld others, a final decree establishing the validity of the warrants presented by the plaintiff may be pleaded as an estoppel against a subsequent action prosecuted by plaintiff to establish other similar warrants held by him at the time but not presented in the first suit; since the same might have been litigated in the former action.</p> <p>Municipal Corporations — Warrants — Validity oe Contract With Oeficer. Warrants issued under a contract made between the city and the president of a water company at a time when he was mayor of the city are voidable at common law, at the option of the city.</p>