City of Seattle v. Doran

Citations

• 5 Wash. 482
• 32 P. 105
• 1893 Wash. LEXIS 7

Syllabus

<p>EVIDENCE — PROOF OF PUBLICATION—ORDINANCES — SECONDARY PROOF — AUTHORITY OF ACTING MAYOR — PRESUMPTION AS TO PASSAGE.</p> <p>Any competent proof tending to establish the publication of the filing of an assessment roll is admissible in the absence of any provision in the charter or ordinances of a city requiring proof of the publication of such notice to be preserved in any particular way. (Wilson v. Seattle, 2 Wash. 548, modified.)</p> <p>Where an original ordinance has been destroyed by fire, parol proof is admissible to show that it had been signed by the mayor, although the record of the ordinance in the ordinance book fails to show the signature.</p> <p>There is sufficient prima facie proof of the authority of an acting mayor to approve an ordinance when it is shown that the mayor of the city has stated to the council that he will be absent from the city for some weeks, and the council, pursuant to the charter of the city, have elected one of their number acting mayor during his absence, who has served as acting mayor from the time of his election down to the passage and approval of such ordinance.</p> <p>An ordinance authorizing the improvement of a street will be presumed to have been passed at a regular meeting by all councilmen present when the proof tends to show that its passage was at an adjourned meeting from a regular meeting, and the record states that the same was passed, andcthat several couneilmen, naming them, voted in the affirmative, and that none voted against it.</p>