State ex rel. Murhard Estate Co. v. Superior Court

Citations

• 49 Wash. 392
• 95 P. 488
• 1908 Wash. LEXIS 592

Syllabus

<p>Counties — County Officers — Deputies—Highways—Establishment — View and Report. The county engineer may appoint a deputy who has the same powers as his chief to view a proposed road and sign the report in his own name, under the general provisions of Bal. Code, §§ 1564, 1695, relating to deputies of county officers, and Laws 1907, p. 352, referring to the county “engineer or his deputy.”</p> <p>Same — Appointment of Deputy — Ratification. The appointment of a deputy county engineer will be considered ratified by the county commissioners, where the commissioners accepted and acted upon his view and report of a proposed county road.</p> <p>Same — Validity of Appointment — Collateral Attack. The appointment of a deputy county engineer cannot be questioned collaterally in an attack upon his view and report of a proposed county road.</p> <p>Highways — Establishment—Collusion—Evidence—Admissibility. Collusion between county commissioners and a railroad company in locating a proposed county road cannot be shown by the fact that the railroad company desired the location agreed to for its own purposes, where there was no evidence of improper influence or inducement. .</p> <p>Same — Eminent Dosiain — Review—Collateral Attack — Conclusiveness. The question of the necessity for taking certain land for the location of a county road cannot be collaterally attacked on certiorari to review the order of condemnation where no appeal or certiorari was taken from the order establishing the road; and the commissioners had jurisdiction.</p>