(Download) "State Ex Rel. Sullivan v. School Dist. No. 1" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Sullivan v. School Dist. No. 1
- Author : Supreme Court of Montana
- Release Date : January 10, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Injunction ? Schools and School Districts ? Issuance of Bonds ? Taxpayers Suit ? Judgments ? Res Adjudicata ? Applicability of Rule in Matter Involving Public ? Time for Issuance of Bonds ? Statute Directory. Judgments ? Res Adjudicata ? Plea ? Essentials. 1. To constitute a good plea of res adjudicata, the parties or their privies must be the same; the subject-matter of the action must be the same; the issues must be the same and must relate to the same subject-matter, and the capacities of the persons must be the same in reference to the subject-matter and to the issues between them. - Page 469 Same ? Rule of Res Adjudicata as Applied to Suit by Taxpayer Involving Matters of Public Concern. 2. The theory on which the rule of res adjudicata is applied in a second suit brought by the state on the relation of a taxpayer to enjoin the issuance of school district bonds, wherein the same questions presented on the same state of facts litigated in a prior suit of the same nature are again brought before the court, is that the former proceeding was of a public character, brought in the interest of individuals having common rights and in which any one of such individuals had the right to represent the class to which he belonged, and therefore decision upon all questions that were or could have been litigated at that time by any member of the same class was binding upon all members of that class. Same ? Case at Bar. 3. Decision of the supreme court in a case brought by a taxpayer in a school district to prevent the issuance of bonds for the purpose of obtaining a loan from the federal government under the National Recovery Act for the construction of a high school building, holding that the proceedings had by the district authorizing their issuance were in substantial accordance with the law, held res adjudicata in a subsequent action by another taxpayer of the same district involving the same questions and seeking the same remedy. Schools and School Districts ? Issuance of Bonds ? Time for Issuance of Bonds ? Statutory Provision Directory. 4. Delay in the issuance of school district bonds after authorized at a special election, for the erection of a high school building, occasioned by litigation and negotiations with the federal government which had agreed to assist in the financing of the project under the provisions of the National Recovery Act, held not to have affected the legality of the original authority voted by the district, the provision of the Act (Chap. 147, sec. 15, Laws of 1927), under which the board of trustees is required to proceed with their issuance within sixty days, being directory, not mandatory.
 "State Ex Rel. Sullivan v. School Dist. No. 1" by Supreme Court of Montana " eBook PDF Kindle ePub Free){kind=link}