State ex rel. Cook v. Fairley

Citations

• 45 Wash. 52
• 87 P. 1052
• 1906 Wash. LEXIS 921

Syllabus

<p>Mandamus — For Satisfaction of Judgment — Tender—Pendency of Other Proceeding — Abatement. It is no defense to a proceeding in mandamus to compel a city to pay a judgment that, after the commencement of Jhe proceedings, the city deposited the balance due in court, accompanied by a petition that the same be l-efunded, as the relator was entitled to an unconditional payment, and the deposit and petition for refund could not bar a proceeding already pending.</p> <p>Judgment — Merger and Bar — Defenses That Might Have Been Litigated- — Evidence to Show Issues Tried — Eminent DomainSetoff. In condemnation proceedings for public purposes, a city’s lien for general taxes and street assessments is matter for setoff against damages for the land taken, and the award for damages is conclusive on that question as one that might have been litigated; and the city cannot contradict the judgment by showing that it sought to introduce evidence of the lien, but desisted and acquiesced in the defendant’s objection that the claim could be offset when the city came to pay the award.</p>