State ex rel. Witherop v. Brown

Citations

• 19 Wash. 383
• 53 P. 548
• 1898 Wash. LEXIS 390

Syllabus

<p>MANDAMUS — PARTIES — DEMAND — ASSESSMENTS AGAINST IRRIGATION DISTRICTS.</p> <p>Where it is made the duty of the county commissioners to make an assessment to pay the interest upon the bonds of an irrigation district, upon the failure of the district directors to make provision therefor, mandamus will lie to compel the county commissioners to levy such assessment, if the right to relief is clear, and in such an action the irrigation district is not a necessary party, when the legality of the bonds has already -been determined in another action to which it was a party.</p> <p>Demand upon the officers of an irrigation district to make an assessment to pay interest on bonds is unnecessary, when by unreasonable- delay they have lost the power to make the levy and the duty has devolved upon the county commissioners.</p>