State ex rel. Guye v. City of Seattle

Citations

• 49 Wash. 41
• 94 P. 656
• 1908 Wash. LEXIS 522

Syllabus

<p>Municipal Corporations — Improvements — Damages — Right to Offset Against Assessment. — Waiver — Eminent Domain. The right of a property owner to offset compensation for lands taken, in condemnation proceedings by a city for a local improvement, against an assessment for benefits to his other lands not taken, is not waived by taking warrants for such assessments which would presumably be payable in the order of their issuance, although the ordinance giving the right of a setoff provided that persons wishing to 'offset an award of compensation shall receipt therefor upon the execution docket and make satisfaction of the amount sought to be offset, etc.; since the failure to observe technicalities should not defeat the right of offset where no injury or expense resulted in taking out the warrants.</p>