Ogden v. Chehalis County

Citations

• 41 Wash. 45
• 82 P. 1095
• 1905 Wash. LEXIS 1064

Syllabus

<p>Appeal — Record—Service oe Papers — Supplemental Record. A motion to strike a statement of facts and. briefs because not duly-filed or served will be-denied where a supplemental record is filed negativing the grounds of the motion.</p> <p>Appeal — Review—Cessation oe Controversy. An appeal from a judgment against a county will not be dismissed on the ground of the cessation of the controversy, from the fact of a satisfaction of the judgment and the issuance of a warrant by the county auditor, where it appears that the satisfaction was entered pursuant to Bal. Code, § 5676, for the purpose of securing a warrant for its payment, which is in lieu of an execution, and it does not appear tnat the county authorities have ever authorized a voluntary payment, but the case stands as an ordinary case where execution has been levied.</p> <p>Justices of the Peace — Compensation—Elected in City of Less Than 5000 Inhabitants — Growth of City to Such Population — Effect — Statute—Construction. Laws 1897 p. 110, providing that after the election to be held in November, 1898, there shall be but one justice of the peace in cities having more than five thousand inhabitants, whose salary shall be $1,200 per annum, supersedes the act of 1891, providing a salary for all justices in such cities; and hence no salary is fixed for the justices in a city of less than five thousand inhabitants, during the time after such city acquires more than five thousand inhabitants, until one of them is duly elected at a biennial election a justice of a city of that size (Rudkin, J., dissenting) .</p>