Andrews v. King County
Washington Supreme Court
Ap2>ecd from District Court, King County. Injunction by appellant to restrain the sheriff of King county from levying upon his household goods and other property to satisfy appellant’s delinquent tax, with penalty and costs.
Read the full summary
Ap2>ecd from District Court, King County. Injunction by appellant to restrain the sheriff of King county from levying upon his household goods and other property to satisfy appellant’s delinquent tax, with penalty and costs. The assessor of King county had assessed appellant’s mortgage on lands in King county at its full face ■value of $30,000, while the lands securing it were assessed at only $2,000; and the complaint alleged that the assessor uniformly assessed demands secured by mortgage upon real estate at their par value, and uniformly assessed lands, improvements and personal property…
1Opinion of the Court
The opinion of the court was delivered by
DüNBAR, J.
In the investigation of this case there are three leading propositions to be considered, viz.:
First: In order to put in issue the question of fraud, is it necessary to allege in terms that defendants were guilty of fraud ?
Second: Conceding the allegations in the complaint to be true, are the facts there stated sufficient to establish a prima facie case of fraud ?
Third: Had plaintiff any other remedy than the one invoked ?
So far as the first proposition is concerned, we are clearly of the opinion that if the complaint allege a state of facts,…
2Cases cited4 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- Cummings v. National BankSupreme Court of the United States · 1880
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- State v. Central Pacific RailroadNevada Supreme Court · 1871
3Cited by57 opinions
- Templeton v. Pierce CountyWashington Supreme Court · 1901
- Dexter Horton Building Co. v. King CountyWashington Supreme Court · 1941
- Boonville National Bank v. SchlotzhauerSupreme Court of Missouri · 1927
- Wootton v. Redd's ex'orSupreme Court of Virginia · 1855
- Board of Commissioners v. JohnsonIndiana Supreme Court · 1909
52 more not listed; retrieve them via the Exa API.