William R. Day

Name: Deposit Bank of Frankfort v. Board of Councilmen of the City of Frankfort — Opinion of the Court
Author: William R. Day

Deposit Bank of Frankfort v. Board of Councilmen of the City of Frankfort…

Summary

“Deposit Bank of Frankfort v. Board of Councilmen of the City of Frankfort — Opinion of the Court”, is a work by William R. Day. It explores elements such as the United States, decree and judgment.

Quotes from Deposit Bank of Frankfort v. Board of Councilmen of the City of Frankfort… (William R. Day)

William R. Day, Deposit Bank of Frankfort v. Board of Councilmen of the City of Frankfort…

“ When a plea of res judicata is interposed, based upon a former judgment between the parties, the question is not what were the reasons upon which the judgment proceeded, but what was the judgment itself; was it within the jurisdiction of the court, between the same parties, and is it still in force and effect? The doctrine of estoppel by judgment is founded upon the proposition that all controversies and contentions involved are set at rest by a judgment or decree lawfully rendered which, in its terms, embodied a settlement of the rights of the parties. ”

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Source: Wikisource

William R. Day, Deposit Bank of Frankfort v. Board of Councilmen of the City of Frankfort…

“ It is true that the final determination of the courts that the Hewitt law did not constitute a contract, and the reversal of the state court judgment which was the basis of the decree in the Federal court, renders this case one where a court might wish to avoid the application of rules which may seem technical. But the protection of the right of parties as well as the interest of the public to end litigation by a final judgment, and to preserve inviolate the safeguards of the Federal Constitution, should never be overlooked in view of the hardship of particular cases. ”

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Source: Wikisource

William R. Day, Deposit Bank of Frankfort v. Board of Councilmen of the City of Frankfort…

“ Any other conclusion strikes down the very foundation of the doctrine of res judicata, and permits the state court to deprive a party of the benefit of its most important principle, and is a virtual abandonment of the final power of the Federal courts to protect all who come before them relying upon rights guaranteed by the Federal Constitution, and established by the judgments of the Federal courts. ”

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Source: Wikisource

William R. Day, Deposit Bank of Frankfort v. Board of Councilmen of the City of Frankfort…

“ To apply the Federal decree to any other than the taxes enumerated is to hold that matters of public law can be placed by estoppel beyond the power of reconsideration,-a doctrine not heretofore favored by this court. ”

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Source: Wikisource

William R. Day, Deposit Bank of Frankfort v. Board of Councilmen of the City of Frankfort…

“ It is the duty of the state courts as well as of the Federal courts to see to it that no act of a state legislature impairing the obligation of a contract is sustained, and it is the duty of the Federal courts as well as of the state courts to see to it that no act of a state legislature is avoided on the pretext of impairment of the obligations of a contract, when in fact there is no contract to impair. ”

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Source: Wikisource

William R. Day, Deposit Bank of Frankfort v. Board of Councilmen of the City of Frankfort…

“ The Constitution of the commonwealth of Kentucky, adopted after the passage of the Hewitt law, made provision for the enactment of laws for the taxation of the property of banks. Passed under the authority of these constitutional provisions, the act of November 11, 1892, referred to in the decree of the Federal circuit court of 1898, is the legislation subsequent to the Hewitt law under which it is sought to assess and collect taxes involved in the present suit. ”

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Source: Wikisource

William R. Day, Deposit Bank of Frankfort v. Board of Councilmen of the City of Frankfort…

“ Where language has been used in other cases to the effect that judgments of the Federal courts are to be given the effect given to domestic judgments, they will be found to be cases where questions of general law are under consideration, and coming within the class suggested by Justice Bradley in the opinion quoted. ”

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Source: Wikisource

William R. Day, Deposit Bank of Frankfort v. Board of Councilmen of the City of Frankfort…

“ Moreover, there is a distinction between estoppel by decree and estoppel by the findings on which the decree rests, in that the one operates as a bar to subsequent suits on the same cause of action, and the other to further litigation of the particular issuable facts found. ”

William R. Day

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