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· 4/9/1904

State ex rel. Smith v. Blumberg

Citations

  • 34 Wash. 640
  • 76 P. 272
  • 1904 Wash. LEXIS 395

Syllabus

<p>Appeal — Bonds—Exemption of County When Not Available to County Officer — Judgment Against County — Duty of County Auditor to Issue Warrant. Where a county auditor appeals from a judgment of mandamus against him, compelling him to issue a warrant on account of a judgment regular on its face, recovered against the county, and which judgment is not appealed from or contested by the county, and no question is raised as to the fund from which it is to be paid, the appeal is not an appeal in the interest of the county, dispensing with the necessity of an appeal bond, since the auditor’s duty is plain and the appeal one in his own interest in which he has become involved by his own course; and the appeal should be dismissed where no appeal bond is given.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that absent particularized injury suffered by a party, relief from a dereliction in policy enforcement “should be through the proper public a prescription

Source: CourtListener parenthetical corpus (CC0).

Judges: Hadley

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