Kelly v. City of Sunnyside

— The plaintiff, the owner of local improvement guaranty fund bonds issued by the defendant city, brought this action for recovery upon the bonds and to require the city to levy a tax for the benefit of the guaranty fund, as provided for in chapter 141, Laws of 1923, p. 454 (Rem. 1927 Sup., § 9351-1 et seq.). The cause was tried to the court without a jury, and resulted in a judgment upon the bonds and a direction that the tax be levied, from which the defendants appeal.

Section 1 of the act referred to provides that every city and town may immediately create a fund for the purpose of…