Perkins v. Town of Sidney

Citations

• 103 Wash. 595
• 175 P. 301
• 1918 Wash. LEXIS 1129

Syllabus

<p>Municipal Corporations — Local Improvement Fund — Wrongful Diversion- — -Evidence—Sufficiency—Burden of Proof. A town is not liable to the holder of warrants for wrongful diversion of the local improvement fund by the payment of subsequent warrants out of order, where it is not shown that the amount paid out and diverted would have been sufficient to pay all warrants prior in time and lower in number than those upon which the action is based.</p> <p>Trial — Reopening Case — Discretion. ■ It is not an abuse of discretion to refuse to reopen a case for further evidence where it had been pending many years and been previously once tried.</p>