Sullivan v. Triunfo Gold & Silver Mining Co.

In Sullivan v. Triunfo Cold and Silver Mininy Company (29 Cal. 585), the question of the legality of the first assessment mentioned in the complaint, the one which was levied July 6, 1865, was considered, and it was held to be legal; and- it is claimed by the defendants that that question is res adjudícala' by virtue of that decision. The plaintiff insists, that in this case, he has stated a new fact, which did not ■ appear in the" former action; that it was not averred in the complaint in that case, but in this, that the assessment was not levied for the- purpose of paying the proper and…