Hoexter v. Judson

Citations

• 21 Wash. 646
• 59 P. 498
• 1899 Wash. LEXIS 344

Syllabus

<p>COUNTIES-ACTIONS AGAINST — PRESENTMENT OP CLAIMS — TORTS.</p> <p>No action can be maintained against a county, whether upon a demand arising in tort or upon a claim arising out of contract, unless the same has first been presented to the county commissioners for rejection or allowance, under the provisions of Bal. Code, § 5674, allowing suits against counties; of § 359 requiring presentment of claims to county commissioners before suit; of § 393 requiring “all claims, demands and accounts against the county” to be presented to the county commissioners for their examination and allowance; and of § 342, subd. 6, which makes it the duty of the county commissioners to have the care and management of the county funds and business.</p> <p>PAYMENT OP TAXES UNDER DURESS — LIABILITY OP TREASURER.</p> <p>The fact that the county treasurer was joined with the county as plaintiff in an action seeking to enforce the collection of a tax, which was paid by the defendant under duress and compulsion, would not subject the treasurer to personal liability in an action to recover back the money so paid, since, under Bal. Code, § 342, subd. 6, which provides that all actions for and on behalf of the county must be prosecuted in its name by the county commissioners, the treasurer was not a necessary party to the original action and consequently was not chargeable with any duress exercised upon defendant therein.</p> <p>(Gordon, C. J., dissents.)</p>