State ex rel. Clapp v. Urquhart

Citations

• 108 Wash. 299
• 183 P. 121
• 1919 Wash. LEXIS 863

Syllabus

<p>Counties (91)—Claims — Rejection — Review. Under the express provision of Rem. Code, § 3909, the remedy by appeal from the county commissioners’ rejection of a claim, does not prevent a party from enforcing his claim by direct action in the courts.</p> <p>Mandamus (52)-—-When Lies — Issuance of Wabbants. Mandamus lies to compel the issuance of a warrant by the county auditor to pay a claim arbitrarily rejected by the county commissioners; since mandamus is but one of the forms of procedure provided for the enforcement of rights and the redress of wrongs.</p> <p>Same (57)—-Payment of Wabbants. In mandamus to compel the issuance and payment of a warrant on a claim arbitrarily rejected by the county commissioners, the county treasurer, joined with the auditor and commissioners, should be dismissed, where it does not appear that he would refuse to pay the warrant, nor that he had funds on hand with which to do so. •</p>