Legal Opinion

Northwestern Lumber Co. v. City of Aberdeen

Washington Supreme Court

Decided November 1, 1906No. 6277PublishedCited by 5 opinions

Appeal from a judgment of the superior court for Chehalis county, Irwin, J., entered February 15, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action against a city for the wrongful diversion of a special fund for local improvements.

1Opinion of the CourtMount, C. J.

Respondent recovered a judgment for damages against the city of Aberdeen on account of certain special assessment warrants, because certain other warrants issued subsequently on the same fund had been paid out of order, leaving insufficient funds to pay the warrants held by respondent. The city appeals, alleging that the court erred *262in refusing to find that each of the causes of action set out in the complaint was barred by the statute of limitations, and that there were prior warrants outstanding on one fund greater than the amount misappropriated from such fund. There is no dispute in the.…

2Cases cited5 opinions

  1. Potter v. City of New WhatcomWashington Supreme Court · 1899
  2. New York Security & Trust Co. v. City of TacomaWashington Supreme Court · 1903
  3. Hemen v. City of BallardWashington Supreme Court · 1905
  4. Gove v. City of TacomaWashington Supreme Court · 1901
  5. Gove v. City of TacomaWashington Supreme Court · 1904

3Cited by5 opinions

  1. Blackford v. City of LibbyMontana Supreme Court · 1936
  2. Matapan National Bank v. City of SeattleWashington Supreme Court · 1921
  3. Amende v. City of BremertonWashington Supreme Court · 1950
  4. Keyes v. City of TacomaWashington Supreme Court · 1941
  5. Witter v. Phillips CountyMontana Supreme Court · 1941

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