Espy Estate Co. v. Pacific County

Citations

• 40 Wash. 67
• 82 P. 129
• 1905 Wash. LEXIS 939

Syllabus

<p>Mandamus — To County Commissioners — County when Prober Party. In a proceeding to compel tbe county commissioners to establish a ditch fund and levy a special assessment, to pay warrants issued in part payment of a ditch, the county is a proper party defendant, having at least an indirect interest in the property, and perhaps a direct interest in the costs.</p> <p>Counties — Mandamus to Compel Liquidation oe Ditch Warrants — Adjournment oe Board for Purposes of Delay — Failure to Act. Where the county commissioners are petitioned to establish a ditch fund and levy an assessment, by a creditor who has already waited eleven years, and they take no action on the petition except to postpone consideration until the next regular term, any valid reason for such continuance is matter of defense, and cannot be urged by the county upon a demurrer to a petition for a mandate to compel action, where the petition alleges that they do not intend to take any action in the matter or pay the indebtedness.</p> <p>Same — Completion oe Ditch — Abandonment oe Project — Failure of County to Levy Assessment or Acquire Title to Necessary Land. Where the county commissioners abandon proceedings for the construction of a ditch for a drainage district, and the property owners take no steps to compel action for six months, a creditor of the district, holding warrants issued in part payment of the ditch, may sue to require the establishment of a ditch fund and the levy of an assessment upon the property benefited or to be benefited, and it would be no defense that the ditch is not completed or that the title to necessary property had not been acquired.</p> <p>Same — Laches oe Warrant Holder — Suit Within Six Months of Abandonment oe Proceedings. The holder of warrants of a drainage district is not guilty of laches in enforcing an assessment where he commenced suit within six months after the abandonment of the project by the county.</p> <p>Same — Powers of Court. In a proceeding by a warrant