State ex rel. Espy Estate Co. v. Board of Commissioners
Washington Supreme Court
Appeal from a judgment of the superior court for Pacific county, Rice, J., entered November 1, 1906, in favor of the defendant, upon sustaining a demurrer to the affidavit, dismissing proceedings against the commissioners of a county for contempt in the assessment of benefits to land benefited by the construction of a drainage ditch.
1Opinion of the CourtFullerton, J.
This is a continuation of the controversy a statement of which is found in the case of Espy Estate Co. v. Pacific County, 40 Wash. 67, 82 Pac. 129. After the remittitur went down in that case, the trial court issued a writ of mandamus to the board of county commissioners of Pacific county requiring them to create a fund, pursuant to the provisions of the statute of 1895, for the payment of the indebtedness incurred as set forth in the application for the writ. The board proceeded as directed, and on the hearing found that the lots and parcels of lands subject to assessment were not benefited…
2Cases cited7 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- McNamee v. City of TacomaWashington Supreme Court · 1901
- State ex rel. Latimer v. HenryWashington Supreme Court · 1902
- Espy Estate Co. v. Pacific CountyWashington Supreme Court · 1905
- Town of Elma v. CarneyWashington Supreme Court · 1894
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3Cited by2 opinions
- Wm. D. Perkins & Co. v. Diking District No. 3Washington Supreme Court · 1931
- Smith Bros. Inc. v. WilliamsSupreme Court of Florida · 1930