Duryee v. Friars

Citations

• 18 Wash. 55
• 50 P. 583
• 1897 Wash. LEXIS 105

Syllabus

<p>PLEADING — FACTS INFERRED FROM THOSE ALLEGED — COUNTY BONDS — NOTICE OF ISSUANCE—DEBT LIMIT — VALIDITY OF WARRANTS FOR NECESSARY EXPENSES.</p> <p>A complaint is sufficient as against a general demurrer, although. it does not contain a direct allegation of a necessary fact, if such matters are specifically alleged as make the existence of the necessary fact clearly appear from the other allegations.</p> <p>Under the provisions of Laws 1895, p. 465 (Bal. Code, §§1890-1895), authorizing the issuance of funding bonds, either in case of sale or of exchange for outstanding warrants, notice thereof calling for bids is necessary as much in the case of an exchange as in the case of a sale of bonds. (Gordon, J., dissents).</p> <p>Where a county has reached the constitutional limit of its indebtedness, it may thereafter issue its obligations for those expenses necessary to maintain its existence; but for the purpose of computing the amount of indebtedness it is not authorized to deduct its obligations for such necessary expenses from the sum total of indebtedness, in order to allow a greater margin for such permissible obligations as it is permitted to incur prior to reaching the constitutional limit (Ranch v. Chapman, 16 Wash. 568, explained).</p>