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· 8/7/1913

State ex rel. Adams v. Irwin

Citations

  • 74 Wash. 589
  • 134 P. 484
  • 1913 Wash. LEXIS 2096

Syllabus

<p>Mandamus — Proceedings — Pleading — Jurisdiction. A verified complaint with proper prayer for relief, is a sufficient compliance with Rem. & Bal. Code, § 1015, providing that the writ of mandamus must be issued upon “affidavit” on the application of the party beneficially interested, and confers jurisdiction to issue an alternative writ without issuance or service of a summons.</p> <p>Municipal Corporations — Powers—Funds—Purchase oe Lands —Payment. Under Rem. & Bal. Code, § 7685, providing that a city of the third class shall have power to purchase land for a cemetery, and to levy a tax from the general fund not exceeding sixty cents on each one hundred dollars, the purchase price of a cemetery becomes a charge upon the general fund, in the absence of any special provision calling for payment from some other fund.</p> <p>Same — Indebtedness—Limitations. Lack of money in the general fund to meet a liability, is not a valid objection to incurring the liability, when the constitutional limit of indebtedness is not exceeded.</p>

Judges: Parker

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