Northwestern & Pacific Hypotheek Bank v. State

Citations

• 18 Wash. 73
• 42 L.R.A. 33
• 50 P. 586
• 1897 Wash. LEXIS 109

Syllabus

<p>CLAIMS AGAINST STATE—WHAT ACTIONABLE.</p> <p>Tbe act authorizing actions against the state (Laws 1895, p. 188, Bal. Code, §§5608-5612), and providing that “any person or corporation having any claim against the state of Washington shall have the right to begin an action against the state in the superior court of Thurston county,” having been passed for the purpose of giving effect to art. 2, §26 of the constitution, which provides that “ the legislature shall direct by law in what manner and in what courts suits may be brought against the state,” is remedial in its nature and entitled to a liberal construction; and, thus construed, the word “ claim ” used in the statute must be held to mean “ cause of action.”</p> <p>The act authorizing suits against the state by “ any person having any claim against the state ” does not restrict action to claims arising out of money demands due from the state, but is comprehensive enough to include actions in equity, such as one seeking to have a judgment lien of the state declared subject to a prior mortgage.</p>