Gay v. Mayor of New Whatcom

Citations

• 26 Wash. 389
• 67 P. 88
• 1901 Wash. LEXIS 658

Syllabus

<p>APPEAL DISMISSAL- — DELAY IN PILING BRIEFS AND TRANSMITTING RECORD.</p> <p>An appeal will not be dismissed merely for delay in serving and filing briefs or in tbe transmission of the record to .the supreme court within the time limited by law, when there is no showing of prejudice to respondents by reason of the delay.</p> <p>MANDAMUS-ADDITIONAL LEVY OF TAXES-PERFORMANCE OF DUTY PRESCRIBED.</p> <p>Where bonds have been issued by a city under an act which authorized such issuance and prescribed the city’s duty to levy each year a tax sufficient to meet the interest on the bonds as it accrued, the city cannot be compelled by writ of mandate to levy a tax sufficient to cover all the delinquent interest installments due on such bonds, when the city has each year levied a tax sufficient in amount to pay such interest installments but has failed to collect all the taxes levied for that purpose.</p> <p>MUNICIPAL CORPORATIONS •— WATER WORKS BONDS-PAYMENT OF INTEREST-TAX LEVY.</p> <p>Laws 1889-90, p. 521, providing for the issuance of bonds tc pay for water works and requiring the levy of a tax each year “sufficient to pay the interest on said bonds as the same accrues,” is a special provision providing for the levy of a tax for the purpose only of paying for water works, and is not affected by Laws 1889-90, p. 190, § 128, which provides that “nothing in this chapter contained shall be construed to prevent any city having a bonded indebtedness, contracted under laws heretofore passed, from levying and collecting such taxes for the payment of such indebtedness and the interest thereon as are provided for in such laws, in addition to taxes herein authorized to be levied and collected,” since such section must be read in connection with § 117 of the same act prescribing the purposes for which taxes may be levied, and which makes no provision whatever for taxation for water works purposes.</p> <p>SAME-IMPLIED DUTY • — • MANDAMUS.</p> <p>The duty of a municipality to pay its i