American Bridge Co. v. Wheeler

Citations

• 35 Wash. 40
• 76 P. 534
• 1904 Wash. LEXIS 411

Syllabus

<p>Counties — Warrants—Issuance. A county warrant is not “issued” until it is actually delivered to the person authorized to receive it, and the auditor’s forgery of the payee’s indorsement and a wrongful delivery do not discharge the duty to issue a warrant to the person entitled thereto (Fullerton, C. J., dissents).</p> <p>Same — Duty to Issue Warrant Upon Claim Allowed by Commissioners — Mandamus. Since the allowance of a claim by the county commissioners has the force of a judgment, the auditor has no discretion, and his duty to issue a warrant therefor is ministerial and may be enforced by mandamus.</p> <p>Same — Mandamus to Compel Issuance oe County Warrant— Wrongful Delivery by Predecessor — Action on Official Bond — Adequate Remedy at Law. Mandamus will lie to compel the county auditor to issue a warrant, when the former county auditor drew a warrant, forged the payee’s name, and drew and misappropriated the funds, and the fact that the relator has a remedy od the official bond of the auditor will not preclude the remedy by mandamus, since the remedy on the bond is inadequate to compel the performance of the officer’s duty, and a remedy by ordinary action will not defeat the right to mandamus, unless it is a remedy against the respondent in the mandamus proceedings (Fullerton, C. J., dissents).</p> <p>Same — Mandamus—Parties—County Commissioners Proper Parties in Action Against Auditor. County commissioners may be proper but they are not necessary parties to a proceeding in mandamus against the county auditor to compel him to issue a warrant upon a claim allowed by the commissioners against the county, since the county may be affected by the result (Anders, J., dissents).</p>