Rhode Island Mortgage & Trust Co. v. City of Spokane

Citations

• 19 Wash. 616
• 53 P. 1104
• 1898 Wash. LEXIS 436

Syllabus

<p>APPEALABLE ORDER — DEFAULT JUDGMENT — ASSIGNMENTS OF ERROR — MUNICIPAL CORPORATIONS — LIABILITY UPON SPECIAL FUND WARRANTS</p> <p>A judgment by default is a final judgment, and appealable, since, under Code Proc., § 193 (Bal. Code, § 4911), objection can be made to the complaint on appeal, if it fails to state facts sufficent to constitute a cause of action.. •</p> <p>Where the only question sought to be raised by appellant is upon the sufficiency of the complaint to sustain the judgment, the allegation set forth in his brief that the complaint does not state a cause of action constitutes a sufficient assignment of error.</p> <p>A city does not render itself liable out of its general fund for the payment of street improvement warrants drawn on a special fund, through its failure to provide such special fund. (Dunbar, J., dissents.)</p>