Green v. Tidball

Citations

• 26 Wash. 338
• 55 L.R.A. 879
• 67 P. 84
• 1901 Wash. LEXIS 651

Syllabus

<p>PLEADING-CITY CHAPTERS AND ORDINANCES-ACTION ON COVENANT AGAINST INCUMBRANCES.</p> <p>Tbe complaint in an action to recover from a grantor upon his covenant against incumbrances states a cause of action, where the action is based upon the enforcement by a city of the first class of a street assessment lien upon the property, although the complaint fails to allege that the city levying the assessment had authority to grade streets and assess the costs thereof to abutting- property owners, and fails to fully set out the ordinance relied on and the steps taken by the municipal officers in making the levy, since the courts are required by statute to take judicial notice of the incorporation and powers of cities of the first class, and the pleading of the substance and effect of the ordinances with reference to their numbers and date of passage, with the allegation that the city officers, acting in pursuance thereof and of the city charter, caused the assessment to be levied, is proof against general demurrer.</p> <p>SAME-DEFECTIVE PLEADING-WHEN NOT GROUND FOR REVERSAL.</p> <p>Under Bal. Code, § 4957, which directs the supreme court to disregard any error or defect which does not affect a substantial right of the adverse party, and Id., § 6535, which requires the court to determine all causes on appeal upon the merits thereof, disregarding all technicalities, and to consider ail amendments which could have been made as made, a cause will not be reversed, after a trial upon the merits, merely for the reason that the cause of action was defectively stated, when there is no showing of substantial injury resulting to appellant on account thereof.</p> <p>■VENDOR AND PURCHASER-COVENANT AGAINST INCUMBRANCES-AS-SESSMENT FOR LOCAL IMPROVEMENTS.</p> <p>Where a street improvement has been made by a city under its charter powers, and a benefit thereby conferred upon abutting property, the right which the city -has to levy an assessment against such property to pay therefor consti