Wade v. City of Tacoma

(dissenting) — Although the decision of the majority is but a Pyrrhic victory for appellants, it unfortunately introduces marked discord in our decisions. Under the statute quoted in the majority opinion, § 23, ch. 98, Laws of 1911, p. 455 [Rem. Comp. Stat., § 9375], appellants are estopped to institute and maintain this action, and we have so held in a number of cases.

In Goetter v. Colville, 82 Wash. 305, 144 Pac. 30, Judge Main, speaking for the court of the provisions of that section, said:

“The language of the statute is clear and explicit and mandatory in its terms.”

In Grandin v. Tacoma,…