Lenhart v. City of Hoquiam

Citations

• 86 Wash. 168
• 149 P. 650
• 1915 Wash. LEXIS 1189

Syllabus

<p>Municipal Corporations — Actions—Claims—Presentation. Under Rem. & Bal. Code, § 7998, requiring all claims for damages against a city of the third class to be filed within thirty days from the time when the claim accrued, all such claims to accurately locate and describe the defect that caused the injury, etc., and that no action shall be maintained for any claim for damages until the same is presented and sixty days have elapsed, it is necessary to file a claim either in actions ex delicto or ex contractu before the action can be maintained.</p> <p>Same — Actions—Complaint—Construction. An allegation that a city is a municipal corporation and was a city of the third class at the time plaintiff’s first cause of action accrued and subsequent thereto, is an allegation that it is a city of the third class.</p> <p>Same — Actions—Pleading — Conditions Precedent — Demurrer. Where the presentation of a claim against a city is a condition pre’cedent to action, failure to file the claim is not a subject of defense, but must be alleged and may be tafeen advantage of by demurrer.</p>