Abbott v. Gaches

Citations

• 20 Wash. 517
• 56 P. 28
• 1899 Wash. LEXIS 193

Syllabus

<p>INJUNCTION-PARTIES—DIKINO DISTRICT-WARRANTS-CONSIDERATION—PLEADING-ISSUES.</p> <p>In an action to enjoin the payment of alleged illegal diking district warrants, the diking district is not a necessary party defendant, where the collection and disbursement of the dike taxes is in the hands of the county treasurer, and the diking district has no control over the funds or the treasurer.</p> <p>Where warrants for the construction of a dike were issued under an act which the courts had declared unconstitutional and no method for their payment had been afterwards provided by the legislature, the subsequent issuance of warrants to take up such invalid warrants was without consideration.</p> <p>The denial in an answer of an allegation in the complaint that plaintffs have no adequate remedy at law tenders no issue of fact.</p>