State ex rel. Barto v. Board of Drainage Commissioners of District No. 1

Citations

• 46 Wash. 474
• 90 P. 660
• 1907 Wash. LEXIS 645

Syllabus

<p>Mandamus — To Officers — Remedy at Law — Compelling Issuance of Warrants — Drains. Mandamus is the proper remedy to secure the issuance by drainage commissioners of warrants in payment of services, although the right thereto is.denied and plaintiff might proceed by ordinary action for breach of contract; since, under the Code, mandamus is but a form of civil action wherein appropriate relief may be given, and is specially authorized by Bal. Code, § 5755 to compel the performance of duty imposed by law upon public officers, and by Laws 1895, eh. 115, § 40, providing that the superior courts may by mandatory injunction compel the performance of the duties imposed by the drainage act.</p>