Connor v. City of Seattle

Citations

• 82 Wash. 296
• 144 P. 52
• 1914 Wash. LEXIS 1509

Syllabus

<p>Municipal Corporations — Improvements—Assessments — Right to Assess — -Waiver-—Proceedings—Effect of Stipulations and Judgment. Where an assessment for the regrade of a street consisted of two elements, (1) the sum the city was required to pay for property taken and for damages to property not taken, and (2) the cost of making the improvement, a property owner cannot contest the right of the city to make an assessment for the cost of making the improvement, where, when the first branch of the ease was reached, he entered into a stipulation with the city to the effect that the jury might enter a verdict of one dollar damages for the property taken and damaged (which under the law precluded an assessment for that part of the improvement), but expressly agreeing that the property should be liable for assessment for payment of the actual cost of the improvement; since the stipulated verdict waived only the right to assess for the first element, and the judgment on the. stipulation is a final determination of the city’s right to assess for the second element of the costs.</p> <p>Judgment — Setting Aside — Parties Entitled — Waiver of Right —Accepting Benefits. A party, claiming that a judgment was entered upon stipulation by his counsel without authority, cannot seek to have it set aside so far as it militates against him, while still claiming the benefit of the part favorable to him; since judgments founded upon a single consideration must be set aside, if at all, as a whole.</p> <p>Stipulations — Rescission—Estoppel—-Acceptance of Benefits. Where a party accepted the benefits of a judgment entered upon stipulation, without having signed the stipulation, it cannot repudiate it; and hence it cannot be repudiated by the other party for the failure to sign.</p>