First Nat. Bank of Central City v. City of Port Townsend
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern Division of the Western District of Washington. Action by the First National Bank of Central City against the City of Port Townsend, Wash. From a judgment in .favor of defendant, plaintiff brings error.
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In Error to the Circuit Court of the United States for the Northern Division of the Western District of Washington. Action by the First National Bank of Central City against the City of Port Townsend, Wash. From a judgment in .favor of defendant, plaintiff brings error. The plaintiff in error brought an action in the court below to recover judgment against the defendant in error for the aggregate amount of ¡50 warrants issued by the latter, of date February 18, 1898. together with interest thereon at 6 per cent, per annum from February 19, 1898. The complaint alleges that ail the warrants…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The Supreme Court of Washington has held that an action may not be maintained to recover judgment upon a warrant issued by a municipal corporation of that state evidencing its indebtedness to the holder, and that the remedy of the holder in case of the refusal of the treasurer of the corporation to pay the-warrant in its order is to proceed against that officer by mandamus, since all that he could obtain upon a judgment in his favor would be a warrant issued by the town authorities for the payment of his claim, and no execution would lie against the…
2Cases cited7 opinions
- Davis v. GraySupreme Court of the United States · 1873
- Ex Parte McNielSupreme Court of the United States · 1872
- Cowley v. Northern Pacific RailroadSupreme Court of the United States · 1895
- County of Greene v. DanielSupreme Court of the United States · 1880
- Cloud v. Town of SumasWashington Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- City of Port Townsend v. First Nat. Bank of Central CityCourt of Appeals for the Ninth Circuit · 1917