Farnsworth v. Town of Wilbur

Citations

• 49 Wash. 416
• 95 P. 642
• 1908 Wash. LEXIS 596

Syllabus

<p>Injunctions — Relief—Acts Already Performed — Judgment— Form — Pleadings—Amendment. In an action to enjoin the council and officers of a town from compromising and satisfying a judgment, a judgment enjoining the acts is irregular where it appears that the acts have already been performed; and the court should, on its appearing that the plaintiff is entitled to relief, give judgment setting aside the compromise and satisfaction, allowing the pleadings to be, or considering them, amended to conform to the proofs.</p> <p>Municipal Corporations • — • Council — Power to Compromise — Claim — Injunction. A town council has no authority to compromise and satisfy a valuable judgment in favor of the town by accepting from the judgment debtors a small sum, and will he enjoined from so doing at the suit of a taxpayer.</p>