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

Citations

• 45 Wash. 348
• 88 P. 321
• 1907 Wash. LEXIS 469

Syllabus

<p>Appeal — Objections to Rulings, ok Motions — Waivek. A motion to separately state affirmative defenses in an answer will, on appeal, be deemed to have been waived where the plaintiff demurred and replied to the answer and the record fails to show any action by the court upon the motion.</p> <p>Limitation of Actions — Equitable Defenses — Collusion — Judgment — Laches. An equitable defense to a judgment in that it was procured by collusion and fraud is not barred by the statute of limitations or by laches, as long as a right of action on the judgment survives, but may be made whenever the judgment is sought to be enforced.</p> <p>Municipal Corporations — Warrants in Satisfaction of Void Judgment. Warrants issued in partial satisfaction of a judgment against a city cannot be enforced if the judgment was void.</p> <p>Municipal Corporations — Debt—Special Assessments. A liability on street grade contracts to be paid by special assessments on tbe property benefited is not a general charge against the city on failure to collect the special assessments.</p> <p>Courts — Judgment—Vested Rights — Effect of Decision. No vested rights can be claimed by holders of warrants payable out of special assessments, who secured judgment against the city thereon by agreement with city officials on the strength of a decision of the supreme court declaring the city generally liable on similar warrants, where, prior to the agreement for judgment, the decision was disapproved and expressly limited to that controversy as the law of the case.</p> <p>Municipal Corporations — Public Improvements — General Liability — Collusive Judgment. An agreement with a city council, on failure to collect special assessments, whereby a general judgment is rendered against the city to discharge obligations on the street grade contracts, which were not general charges against 'the city, is fraudulent as to the city and its taxpayers, and the judgment is void.</p>