(Download) "Cincinnati, Ex Rel. Crotty v. Cincinnati" by The Supreme Court of the State of Ohio # eBook PDF Kindle ePub Free
eBook details
- Title: Cincinnati, Ex Rel. Crotty v. Cincinnati
- Author : The Supreme Court of the State of Ohio
- Release Date : January 20, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Per Curiam. It is a generally accepted rule that in absence of fraud or collusion, a judgment for or against a governmental body, such as a municipal corporation, is binding and conclusive as res judicata on all residents, citizens and taxpayers with respect to matters adjudicated which are of general and public interest,1 except where the proceedings were not of an adversary character.2 This rulsis in accordance with the general policy favoring finality of judgments where a matter has been litigated upon the merits. Where, as here, the case involves a single cause of action, the prior judgment is conclusive not only as to what was determined in the prior action, but also as to all material facts or questions which properly might have been litigated in the case.3 The claims that fluoridation infringes upon religious freedom and upon equal protection are matters which properly could have been litigated in the prior action and which also were dismissed by this court in Canton v. Whitman, supra (44 Ohio St.2d 62), and Kraus v. Cleveland (1955), 163 Ohio St. 559, 127 N.E.2d 609.