Coleman v. Rathbun

Citations

• 40 Wash. 303
• 82 P. 540
• 1905 Wash. LEXIS 980

Syllabus

<p>Municipal Corporations — Local Assessments ■ — ■ Foreclosure — Defenses — Tender of Amount Due. In an action to restrain the foreclosure of a special assessment lien, in which the complaint alleges a tender of the amount due, the complaint states a cause upon which an unconditional judgment may be rendered, although it is not shown that the tender was kept good by bringing the money due into court, in the absence of a demand therefor at the time of entry of judgment or any request for a conditional judgment.</p> <p>Same — Actions •— Parties Plaintiff — Joinder—Equity—Multiplicity of Suits. In order to avoid a multiplicity of suits, an action in equity against a municipality to restrain the enforcement of liens may be brought jointly by many plaintiffs owning separate parcels, but who are similarly affected by the threatened wrong.</p>