“ Dempsey, 20 Ohio, 168, the supreme court of Ohio decided that the law of the state which fixed the time and place of meeting of a board of equalization, but which provided for no other notice, novertheless gave notice to every citizen whose property, real or personal, had been returned for taxation. ”

“ The jurisdiction of the state board of equalization for incorporated banks to increase, without notice to the bank, the valuation fixed by the county auditor on the shares of its stock; (2) the fact of the former adjudications as determining the right to reduce the valuation of the shares by taking bona fide indebtedness therefrom. Counsel for appellee objects to a broader discussion by appellant's counsel of the case than those questions present, urging they were the only ones made by the appellee in the circuit court of appeals. ”

“ It is therefore ordered, adjudged, and decreed that the defendant and his successors in office be and they are hereby perpetually enjoined from collecting, or in any way or manner attempting to collect, the said illegal tax set out and particularly described in said bill of complaint.'
In case No. 5127 Shields did not appear, and a decree was entered restraining the collection of taxes.
The law of res judicata is well settled. Its essential principle is, that questions once litigated shall not be litigated again between the same parties or their privies. ”

“ They adjudged a deduction of the bona fide debts of the shareholders from the valuation of the shares. The judgment in the Shields Case, No. 5122, was more general. It found 'the allegations of the bill to be true, and that the tax therein sought to be enjoined was illegally assessed and entered upon the treasurer's duplicate for collection.' The judgment in case No. 5127 was equally as general. ”

“ Its sessions are not secret. No obstruction exists to the appearance of anyone before it to assert a right or redress a wrong; and, in the business of assessing taxes, this is all that can be reasonably asked.' See also Hagar v. Reclamation Dist. No. 108, 111 U.S. 701, 28 L. ed. 569, 4 Sup. Ct. Rep. 663; Palmer v. McMahon, 133 U.S. 660, 33 L. ed. 772, 10 Sup. Ct. Rep. 324; Merchants' & Mfrs. Nat. Bank v. Pennsylvania, 167 U.S. 461, 42 L. ed. 236, 17 Sup. Ct. Rep. 829.
We do not think the principle of those cases is affected by an adjournment of the Ohio board without fixing a date of meeting. ”

“ The answer admitted some of the averments of the bill and tendered issue on those upon which complainant based the charge of illegality of and discrimination in the assessment. As to the action of the auditor the answer alleged that 'the auditor was greatly deceived and misled by complainant's statement of the true value of its returns to him for taxation, and that the returns so made did not exceed forty (40) per cent of the actual value of said property and assets of complainant ”

“ And it may be conceded that the appellant in the case at bar is a privy to his predecessors in the suits which are pleaded as prior adjudications, and that res judicata applies to tax cases if the couse of action relied on is the 'thing' which was 'adjudged' in a prior suit. ”