Savage v. Sternberg

Citations

• 19 Wash. 679
• 54 P. 611
• 1898 Wash. LEXIS 449

Syllabus

<p>CITY WARRANTS — MANDAMUS TO ENFORCE PAYMENT — DEFENSES — VOID INJUNCTION — PARTIES.</p> <p>The fact that a city has been enjoined from paying certain warrants cannot be set up as a defense to mandamus proceedings to compel payment by one who was not a party to the injunction suit.</p> <p>A party or officer is not bound by a void injunction or order of the court, and will not be punished for its violation.</p> <p>In an action of mandamus by a warrant holder against a city treasurer to enforce payment of a warrant duly executed by the proper city officers, the city is not a necessary party defendant, as the presumption is that the claim evidenced by the warrant was properly audited and allowed.</p>