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· 12/8/1920

Hughes v. McVay

Citations

  • 113 Wash. 333
  • 194 P. 565
  • 14 A.L.R. 681
  • 1920 Wash. LEXIS 874

Syllabus

<p>Pleading (90) — Objections Raised Under General Demurrer— Misjoinder op Causes op Action. A complaint is good as against general demurrer if it state» any cause of action, although, apparently it embraces more than one cause without separately stating them.</p> <p>Counties (41, 67) — Contracts—Powers op Commissioners — Statutes — Necessity por Estimate. Rem. & Bal. Code, §§ 9208-9210, requiring counties to make annual estimates of public expenses as a basis for tax levies, is a revenue and taxation statute and has no application to the requisites or validity of a contract for the erection of a detention home, pursuant to Rem. Code, § 1987-13, which the county had power to contract for under Rem. Code, §§ 3822, 3890.</p> <p>Nuisance (2) — What Constitutes — Children’s Detention Home. The erection of a children’s detention home, required by statute to he provided by a county, will not be enjoined as a nuisance, detrimental to residential property in the neighborhood, in view of Rem. Code, § 8311, providing that nothing done under express authority-of a statute can be deemed a nuisance, where the complaint is wholly lacking in any proper allegation of abuse of discretion or any purpose to do other than the law requires.</p> <p>Bbidges and Mackintosh, JJ„ dissent.</p>

Judges: Bridges, MacKintosh, Mitchell

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