State ex rel. Godfrey v. Turner

Citations

• 113 Wash. 214
• 193 P. 715
• 1920 Wash. LEXIS 838

Syllabus

<p>Mandamus (1) — Natuke and Gkounds in Genekal. A proceeding in mandamus to question the validity of a tax must be sustained by reference to Const., art. 4, § 4, giving the supreme court original jurisdiction in actions involving the legality of taxes, etc., and not by reference to Rem. Code, § 1014, authorizing mandamus to an inferior tribunal or person to compel the performance of an act which the law especially enjoins as a duty resulting from an office, etc.</p> <p>Same (2) — Existence on Adequacy oe Other Remedy. Mandamus does not lie to compel a county treasurer to accept less than the full tax levied on property, since relator has a plain, speedy and adequate remedy at law in an action to recover the amount illegally imposed, or to enjoin the collection.</p> <p>Same (5, 13) — Acts oe Public Oeeiceks — Unlawful Acts, etc. Mandamus will not lie to compel a county treasurer to accept less than the full tax levied on the property, since the treasurer has no discretion in the collection of the taxes levied, and the writ will not be directed against a ministerial officer whose duty is defined, to compel him to do an act he could not lawfully do without mandate.</p>