111 Ky. 914 | Ky. Ct. App. | 1901
Opinion of the court by
Affirming.
The city o'f Lexington, by H. T. Duncan, mayor, and W. S. Bronston, city solicitor, instituted this action in the Fayette circuit court by ex parte proceeding, by which it is sougiht to have declared illegal and void a certain ordinance or joint resolution of the city accepting a bid of appellant, Some Oonstruction Company, and directing the mayor and city solicitor to execute a contract with appellant for crushed stone. To the ex parte proceeding appellant filed answer, showing its interest in the subject-matter, and on its motion was made party defendant. In the answer of appellant, among other defenses made, it is pleaded in paragraph 5 that in July, 1899, an action was instituted in the Fayette circuit court by J. A. Barlow and another against the city of Lexington, its
We are of opinion that the validity of the joint resolution No. 350 was finally determined in the suit brought by Barlow, etc., in which the city of Lexington, as1 well as its officers were parties, and until that judgment is reversed or set aside by some proper method it is binding, and can not again be litigated by the city of Lexington. Hardwicke v. Young (110 Ky. 504 22 R., 1906) (62 S. W., 10); Bean v. Meguiar (20 Rep., 886) (47 S. W., 771); Burnett v. Com. (21 Rep., 695) (52 S. W., 965).
Finding no error, the judgment is affirmed on both original and cross appeal.