State ex rel. Ames v. County of Lewis

Citations

• 45 Wash. 423
• 88 P. 760
• 1907 Wash. LEXIS 483

Syllabus

<p>Dbains — Mandamus—To Compel Liquidation of Ditch Wabbants. Mandamus lies in favor of tbe holder of warrants, issued in part payment for the construction of a ditch, to compel the county commissioners to borrow money or levy a special assessment to establish a fund to pay the principal and interest due on the warrants, where the commissioners had abandoned the project and refuse or fail to take any steps to complete the ditch or levy the assessment.</p> <p>Same — Defenses. An objection by owners of benefited property that condemnation proceedings and the construction of a ditch are not completed, is no defense to the right to make an assessment to pay the warrants issued in part payment of the construction, where the project had been abandoned.</p>