State ex rel. Thayer v. Mish

Citations

• 13 Wash. 302
• 43 P. 40
• 1895 Wash. LEXIS 92

Syllabus

<p>TAXATION — DISPOSITION OF PENALTY AND INTEREST—MANDAMUS TO COUNTY TREASURER—WHEN LIES — JOINDER OF IMPROPER CLAIMS FOR RELIEF.</p> <p>The penalty and interest collected by a county treasurer upon taxes levied for the city belong to it as much as the taxes so levied.</p> <p>Mandamus will not lie to compel a county treasurer to pay over moneys collected by his predecessor and which have never come into his possession.</p> <p>A certified return by a county treasurer of moneys collected as penalty and interest upon taxes levied for the benefit of a city will not be enforced by mandamus, where it appears that such return would be incidental merely to the principal relief, which can be righted only by an action against the county rather than against the officer.</p> <p>An order granting a portion of the relief sought in mandamus proceedings and refusing the remainder, will not be reversed, where a claim for relief to which the relator is entitled is joined with a claim for other relief to which he is not entitled, when a reversal is not sought upon that ground.</p>