State ex rel. Atkinson v. McDonald
State ex rel. Atkinson v. McDonald
Opinion of the Court
It is evident that the verdict was directed in plaintiff’s favor either on the theory that the record of defendant’s application for citizenship was conclusive against him as to his place of residence during the time covered by such record, or that the verdict of the jury, in any event, would be only advisory to the court. Both theories are contended for in support of the judgment.
This is a civil action under sec. 3463, Stats. 1898, and governed thereby and by the established principles respecting such actions. We need not discuss the question of whether, in quo warrcmto proceedings at common law, contested questions of fact were triable by a jury as a matter
The record of the proceedings in the Minnesota court was admissible in evidence, first, upon the general principle that self-disserving admissions may be shown against the party making them, where the subject thereof is in controversy; second, by the rule that a judgment is binding upon parties and privies as to the final result pronounced and the facts established or assumed upon which it is based.
If the evidence were admissible only on the first ground stated, the court was not justified in taking the case from the jury, but if it was admissible on the second ground — and we hold that it was — the evidence was conclusive of the fact in issue, and the direction of the verdict was proper.
There are many cases where persons do not appear of record by name and cannot be heard directly in the action, yet are deemed parties by representation and are bound by the judgment as effectually as those who stand in court to represent them. In such cases all such parties are deemed to be in privity with those who actually'appear of record. A judgment against a corporation is conclusive against its stockholders in an action to enforce their statutory liability to creditors. A person suing as a taxpayer, in behalf of himself and all persons similarly situated, stands for all such taxpayers, so that a judgment rendered in the action is binding on every taxpayer in the municipality. A judgment against a municipality is binding on all its taxpayers in a proceeding to collect a tax to satisfy the judgment. Each taxpayer is considered as a participant in the litiga
The rule of res adyudicata is as broad, where status is the subject upon which the judgment acts, in that it is binding on the whole world, as it is inter partes where mere personal rights are the subject of the litigation. That is well illus
Judgments of naturalization are governed by the same rules. They fix the status of the naturalized person irrevocably, and necessarily include all the facts upon which they are based. Black, Judgments, § 804; State ex rel. Kickbush v. Hœflinger, 35 Wis. 393; Spratt v. Spratt, 4 Pet. 393; McCarthy v. Marsh, 5 N. Y. 263. In such a proceeding every person is regarded as a party actually or constructively. It is no answer to the rule as applied to this case to say that the judgment naturalizing appellant is not conclusive as to his having resided in the state of Minnesota for the year preceding his application, because that particular year’s residence was not essential to the judgment; that any year within the five years of residence required within the United States is sufficient. Whether the suggestion that the one year’s residence within the state is not required to be the year immediately preceding the application for citizenship is a correct construction of the federal statute, need not be ■decided in this case. It is sufficient that the record shows that the court pronounced judgment upon evidence establishing one year’s residence within the state of Minnesota immediately preceding the application. The truth of that evidence was the turning point in passing upon appellant’s application. It was therefore material regardless of whether the particular year’s residence covered by the proof was es
It follows that the ruling of the trial court, that the Minnesota court, in the application for citizenship, adjudged that the applicant was a resident of that state on November 18, 1898, and that such judgment is conclusive of the same question in this action, is correct. That being the case, obviously appellant was not eligible to the office of lumber inspector when he received the appointment thereto or when he entered upon the duties thereof, and respondent was entitled to hold the office when this action was commenced and when it went to judgment. The verdict was properly directed.
By the Court.— The judgment is affirmed.
Reference
- Full Case Name
- The State ex rel. Atkinson v. McDonald
- Cited By
- 20 cases
- Status
- Published
- Syllabus
- Title to office: Trial by jury: Eligibility: Residence: Evidence: Naturalization proceedings: Admissions: Res ad judicata. On November 18,1898, appellant became a citizen of the United States by the judgment of a district court of the state of Minnesota rendered on evidence as to his residence in that state to the effect that he had resided there continuously for the year immediately preceding his application; and in September, 1899, pursuant to an appointment to the office of lumber inspector of the Thirteenth district of Wisconsin, then held by the relator, he formally qualified therefor, and thereupon demanded possession of the books and papers of the office, -which demand was complied with, the relator supposing appellant to be eligible to the office. Thereafter the relator was informed that appellant was not an elector of the state of Wisconsin, and thereupon he commenced this action to regain possession of the office upon the ground that he was entitled thereto till.a person should be appointed and should qualify who was eligible to the position. The cause was tried by the court with a jury. The record of the proceedings of the Minnesota court was received in evidence against a general objection, and was held conclusive upon appellant on the question of his eligibility to the office. Held: 1. Proceedings to try the title to an office constitute a civil action in which controverted questions of fact are triable by a jury as a matter of right. 2. The record of the naturalization proceedings was properly received in evidence, (a) as an admission against interest, (b) as a former adjudication as to a material fact, hence binding upon the appellant. 3. The naturalization proceedings were in effect an action in rem and the result binding upon the world not only as to the ultimate fact established but the facts upon which such result was based. 4. It appearing conclusively that the adjudication of citizenship by the Minnesota court, as to residence in the state of Minnesota, was based wholly on prooí of a year’s residence there immediately preceding the making of the application for citizenship, the truth thereof was vital to the conclusion reached, and the decision on that point necessarily became a part of the judgment and is as binding upon appellant as the judgment itself, regardless of whether the federal statute calls for the particular year’s residence covered by the proof or not. 5. The conclusiveness of the judgment of the Minnesota court is ruled by the doctrine regarding judgments in rem and the rule that the res adjudieaia, as to a final judicial determination, extends to every proposition assumed or decided by the court upon which the final conclusion is based. [Syllabus by Marshall, J.]