Smith v. Ormsby

Citations

• 20 Wash. 396
• 55 P. 570
• 1898 Wash. LEXIS 539

Syllabus

<p>MANDAMUS—PROCEDURE—EES JUDICATA—JUDGMENT AGAINST TOWN— MANNER OP SATISFACTION.</p> <p>In a proceeding by mandamus, under Laws 1895, p. 117, § 17 (Bal. Code, § 5756), it is unnecessary that a summons issue, as in ordinary civil actions, but the writ of mandamus must be issued upon affidavit, on application of the party beneficially interested.</p> <p>Upon application for a writ of mandate to compel a town to issue its warrant in payment of a judgment, it is no defense to set up that the contract upon which the judgment had been obtained was void, because at the time of entering into the contract the town was beyond its constitutional limit of indebtedness.</p> <p>Under Bal. Code, § 5676 (2 Hill’s Code, § 674), providing that, in order to obtain payment of any judgment against a public corporation, a certified transcript of the docket of the judgment, including a memorandum of acknowledgment of satisfaction, must be presented to the officer authorized to draw orders on the treasury, who shall thereupon draw a warrant in favor of the judgment creditor, a transcript of the execution docket showing the judgment and its satisfaction is a sufficient compliance with the statute, without giving a transcript of the judgment in full.</p>