State ex rel. King County v. Superior Court

Citations

• 104 Wash. 268

Syllabus

<p>Counties (93) — Actions—Capacity to Be Sued — Venue—Statutes. The effect of Rem. Code, § 951, giving a right of action against a county for injury by some act or omission of the county where none existed at common law, is to make the county answerable under the general rules of procedure in the superior courts, and liable thereunder to suits in other counties where the venue is local.</p> <p>Statutes (54) — Construction—Remedial Act. Statutes providing remedies are to be liberally construed.</p> <p>Common Law (4) — Operation and Effect — Venue. Common law rules of procedure having been abolished by Rem. Code, § 153, our common law, preserved only when not inconsistent with the laws of the state by Id., § 143, is a rule of decision and not a rule of practice, and common law rules of practice as to venue cannot be allowed to defeat a right of action.</p> <p>Venue (3) — Nature and Subject of Action — Injury to Real Property — Action Against County. Rem. Code, § 204, providing that actions for the recovery of injuries to real property shall be brought in the county where the subject of the action is situated is general, applying to actions against counties; hence such an action against two counties is local and properly brought in the county where the land was situated, notwithstanding that neither the common law, nor any express statute, authorized an action against a county beyond its limits.</p>