Jurey v. City of Seattle

Citations

• 50 Wash. 272
• 97 P. 107
• 1908 Wash. LEXIS 711

Syllabus

<p>Municipal Corporations — Special Assessments — Diversion of Fund — Liability of City — Actions—Presentation of Claim. The right of action against a city for the 'wrongful diversion of a special assessment fund or for the wrongful failure and neglect to collect the same, is not upon the warrants against the fund or upon contract, but sounds in tort for damages; and hence no action can be commenced thereon without the presentation of a claim to the city, under charter provisions requiring all claims for damages to be presented to the city council and filed with the clerk within thirty days after the accrual of the claim, accurately locating and describing the defect that caused the injury, and providing that no action shall be maintained against the city for any claim for damages until after the lapse of .sixty days after such presentation.</p>