State ex rel. Pierce County v. Superior Court

Citations

• 86 Wash. 685

Syllabus

<p>States — Actions—Liability to be Sued — “Suit Against State”— Conditions — Venue. An action brought against the state auditor and state highway commissioners to restrain these officers from certifying that certain sums are payable out of the state treasury and from drawing state warrants therefor, on the allegation that the contract under which state highway work is being done was void for fraud in its inception, is in effect an action against the state; and can be brought only by consent of and in the manner directed by the state; and under Rem..& Bal. Code, § 886, must be brought in Thurston county.</p> <p>States — Right oe Action — Taxpayer’s Suit. A taxpayer, suing as such, with no private interests involved, cannot maintain an action against the state to prevent the misappropriation of public moneys, since the power rests alone with the attorney general.</p> <p>Same — Taxpayer’s Suit — Jurisdiction—Capacity to Sue — Right to Object — Waiver. The objection that a taxpayer, as such, cannot maintain an action against the state to prevent the misappropriation of public moneys, which can only be brought by the attorney general, raises more than the question of mere legal capacity to sue, but asserts want of power to maintain the action; and hence can be raised by any party to the action or by the court and is not waived by failure of the attorney general to object.</p> <p>Same — Taxpayer’s Suit — Right to Sue. The rule denying to taxpayers the power to sue state officers for the misappropriation of state funds is not affected by the fact that plaintiff has a right of action against other parties who are joined with the state, nor by the fact that a county has a greater interest in the fund than the state, as part of its appropriation of state funds to be used on roads in the county; nor by the fact that a taxpayer’s action affords more prompt and efficient remedies.</p> <p>Prohibition — To Courts — Inadequacy of Remedy by Appeal. Prohibition lies to prevent furth