Stephens v. City of Spokane

The opinion of the court was delivered by

Hoyt, C. J.

Plaintiff sought in this action to recover upon certain warrants issued by the city of Spokane upon a special fund known as the “ Mallon Street Fund.” These warrants were issued in pursuance of a contract for the grading of Mallon street, and the ground upon which it was claimed that the city was liable and could be required to pay them out of its general fund, was that it had been guilty of negligénce in its attempt to create a special fund out of which the warrants could he paid; that by reason of such negligence sufficient money had not…