Hardin v. Klickitat County

Citations

• 115 Wash. 389
• 197 P. 644
• 1921 Wash. LEXIS 766

Syllabus

<p>Counties (85)—Liabilities—Payment of Bonds. Highway bonds constitute a county liability under the Donohue Road Law, which provides, in Rem. Code, § 5739 (as amended in Laws 1917, p. 238), that one-half the cost of highway improvement shall be assessed to the county, one-fourth to the road district, and one-fourth to the property within the improvement district; and further provides, in Id., § 5763 (as amended by Laws 1917, p. 252, § 19) that when payment for the improvement is to be made in installments, the county commissioners may “issue bonds of the county payable from the said improvement fund”, and that interest thereon or the bonds may be paid out of the general road and bridge fund or the current expense fund of the county, when there is not sufficient money in the improvement fund to make payment of any installment due (overruled on rehearing).</p> <p>On Rehearing.</p> <p>Same (85). Highway bonds issued under the Donohue Road Law, Rem. Code, §§ 5739, 5763, as amended by Laws 1917, p. 252, § 19, are not a general county obligation, in view of the proviso to the effect that the general county funds from which payments were authorized, when there was an insufficiency of money in the improvement fund, shall be reimbursed from the improvement fund from time to time° as moneys are paid therein (Parker, C. J., Fullerton, and Main, JJ., dissenting).</p>