Seattle Cedar Lumber Manufacturing Co. v. City of Ballard

Citations

• 50 Wash. 123
• 96 P. 956
• 1908 Wash. LEXIS 680

Syllabus

<p>Municipal Corporations — Sewers—Assessments—Statutes—Implied Repeal. Where the original charter and former statutes relating to sewers of cities of the third class provided that the cost should he paid by the city out of the sewer fund, and by Laws 1891, p. 406, special assessment of property benefited was authorized in cities of the 2nd, 3rd, and 4th classes, the proceeding to be initiated by petition of persons owning half of the property, and the lien enforced by a summary sale, all the prior laws so far as they related to sewers of cities of the third class are impliedly repealed by Laws 1903, p. 231, which specifically amends the charters of cities of the third class and provides for special assessments to be initiated by resolution or ordinance of the city council and enforced by an action of foreclosure; as they are inconsistent, and the intent to supersede prior laws is clear, although they are not expressly repealed.</p> <p>Same — Assessments—Validity—Jurisdictional Defects — Curative Statutes. Laws of 1905, p. 281, which provides that no special assessment can be set aside unless it be made to appear that the .city authorities acted fraudulently, will be construed, in order to uphold its constitutionality, to reach only irregularities and not jurisdictional matters; hence the law of 1905 does not prevent the setting aside of an assessment void for want of jurisdiction; and failure to substantially follow the established statutory method is essentially a jurisdictional defect, rendering an assessment void.</p> <p>Judgment — On Pleadings — Admissions in Answer. Where affirmative defenses show that plaintiff is entitled to the relief demanded and defendants refused to plead further after demurrer to the defenses are sustained, judgment may be entered for the plaintiff without the taking of proofs upon formal denials of the answer.</p>