Legal Opinion

State ex rel. Miller v. City of Seattle

Washington Supreme Court

Decided March 19, 1907No. 6575PublishedCited by 9 opinions

Appeal from a judgment of the superior court for King county, Morris, J., entered September 24, 1906, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, dismissing an action in mandamus to compel a city to return the excess amount collected upon an assessment for street improvements.

1Opinion of the CourtHadley, C. J.

This is an action in mandamus, brought by the relator against the city of Seattle. It is alleged that the city has collected 12.78 per cent more than enough to pay the proportionate part due from the property assessed for certain street improvements. It is averred by the affidavit of the relator that he is the owner of claims against the improvement district fund aggregating $1,928.05, as an excess amount collected by the city on account of the assessment levied against certain lots in the district. An alternative writ of mandate was issued, in which it was recited, that a demand had been…

2Cited by9 opinions

  1. Northern Life Insurance v. WalkerWashington Supreme Court · 1923
  2. Taylor v. AndresWashington Supreme Court · 1915
  3. Heinz v. Blagen Timber Co.Washington Supreme Court · 1967
  4. Baskett v. City of SeattleWashington Supreme Court · 1939
  5. Deller v. LongWashington Supreme Court · 1917

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