Gould v. Evansville & Crawfordsville R. Co. - 91 U.S. 526 (1875)
U.S. Supreme Court
Gould v. Evansville & Crawfordsville R. Co., 91 U.S. 526 (1875)
Gould v. Evansville & Crawfordsville Railroad Company
91 U.S. 526
Where a statute of Illinois requires the board of town auditors to audit charges including judgments against the town in order that provision for paying them may be made by taxation, held that where a judgment against the town was rendered by a court having jurisdiction of the parties and the subject matter, auditing it is a mere ministerial act not involving the exercise of official discretion, the performance of which can be coerced by mandamus.
This was an action brought by the plaintiff in error against the defendant to recover the amount of a judgment rendered by the supreme court of the state of New York in favor of the plaintiff's testator against the defendant corporation.
The defendant pleaded in bar a judgment in its favor on demurrer to the declaration in a suit brought on the same cause of action in the Knox Circuit Court of Indiana.
A demurrer to this plea was overruled, whereupon the plaintiff below replied, alleging material differences between the facts stated in the declaration in this case and those stated in the declaration in the case in the Knox Circuit Court, claiming that the judgment on demurrer to the declaration in the Knox Circuit Court was not a judgment on the merits. To this replication a demurrer was sustained, and the plaintiff below excepted.
The merits of the case are fully stated in the opinion of the Court.