State ex rel. Porter v. Headlee

Citations

• 19 Wash. 477
• 53 P. 948
• 1898 Wash. LEXIS 413

Syllabus

<p>COUNTY COMMISSIONERS —ALLOWANCE OP CLAIMS-CONCLUSIVENESS — RES JUDICATA — AUTHORITY OP COUNTY ATTORNEY TO REPRESENT COUNTY — EVIDENCE.</p> <p>Bills of justices of tbe peace for salary should be presented to tbe county commissioners for allowance, and tbe action of tbe board in passing thereon is conclusive, in tbe absence of fraud or mistake.</p> <p>An order of tbe county commissioners rescinding tbe former action of tbe board, when done at a special meeting and without any notice of tbe transaction of such business, is illegal and void.</p> <p>In a mandamus .proceeding to compel a county auditor to draw a warrant for the salary of a justice of tbe peace, tbe defendant cannot raise tbe defense that tbe city in which tbe justice bad jurisdiction bad a population less than 5,000 and that tbe justice bad waived bis right to salary through failure to pay into tbe county treasury tbe fees collected by him, when such questions have already been decided adversely to tbe county in an injunctional suit brought by tbe county attorney in bis own name, but in tbe interest of tbe county, which authorized tbe proceedings and paid tbe costs of tbe action, for tbe purpose of determining tbe liability of tbe county on account of tbe claim at bar and others of similar nature.</p> <p>In such an action, in order to establish that the county attorney represented tbe county in tbe injunction suit, evidence is admissible showing that when tbe queston of allowing plaintiff’s claim was before tbe county commissioners one of tbe board said to tbe county attorney that tbe matter was entirely in bis hands and that as a member of tbe board be would do whatever tbe attorney advised in tbe matter, which was tacitly assented to by tbe other members.</p> <p>Evidence is likewise admissible, in such a case, showing that during tbe entire trial of tbe injunction suit two members of the board of county commissioners were present and that tbe county attorney conferrred with them several times during