German-American Savings Bank v. City of Spokane

The opinion of the court was delivered by

Scott, C. J.

Plaintiff brought this action to recover the amount due on certain street grade warrants originally issued to one Massey and payable out of the Yictoria street grade fund, and, having obtained a general judgment against the city therefor, the city has appealed.

The foundation of the plaintiff’s right of action, as presented in the briefs, was the delay and negligence on the part of the city’s officers in providing the fund. The court also found, and that issue seems to have been presented in the pleadings, that the right to enforce…