State ex rel. American Freehold-Land Mortgage Co. of London v. Mutty

Citations

• 39 Wash. 624
• 82 P. 118
• 1905 Wash. LEXIS 915

Syllabus

<p>Municipal Corporations—Bonds—Levy of Tax to Pay Outstanding Warrants—Mandamus to Compel Increased Levy—Outstanding Taxes as Assets—Pleading—Sufficiency. The holder of municipal bonds is not entitled to a writ of mandate compelling the city council to assess and levy a tax to the full amount allowed by law, upon alleging that the tax levy decided upon is insufficient to pay the outstanding warrants and interest, without further showing that the outstanding unpaid taxes previously levied are inadequate or that the remedies for the collection thereof have been exhausted; since unpaid taxes are presumed available as assets, and the full levy is not mandatory when the payment may have been amply provided for.</p> <p>Same—Discretion of Council. It is not incumbent upon the council to levy to the full amount allowed by law until the warrants are fully paid, irrespective of assets provided, since that would lead to taxation burdensome upon those who pay promptly, the remedy of the warrant holders being against the collecting officers.</p> <p>Same — Pleading — Demurrer — Warrants Prima Facie Valid Claim. An application for a writ of mandate to compel a levy to provide payment of a municipal debt, shows a prima facie valid claim against the city by setting out the warrants, as against a demurrer.</p>