Buell v. McGee

Simpson, J. —

This action was instituted by the appellant to secure a writ of mandate to compel the respondent to foreclose certain delinquent assessments levied by Pend Oreille county diking district No. 3. The trial court refused to grant the writ.

The case comes-to us upon an agreed statement of facts, and the only point relied upon by appellant is that Rem. Rev. Stat., § 4286-1 [P. C. § 1946-50a], does not provide an exclusive remedy for the foreclosure of delinquent diking district assessments, but is merely another method of foreclosure additional to that provided in Rem. Rev. Stat., §…