State ex rel. Zylstra v. Clausen

Citations

• 66 Wash. 324
• 119 P. 797
• 1911 Wash. LEXIS 1067

Syllabus

<p>Schools and School Districts — Indebtedness — Limitations. Where two school districts are each indebted in excess of two per cent of their taxable property as shown by the last assessment, and are consolidated and the consolidated district issues bonds in excess of three per cent of its taxable property, the issue is void, as being in excess of the constitutional limitation of five per cent of the taxable property in the consolidated district, as each district, under Rem. & Bal. Code, § 4446, is subject to taxation as a separate entity for the purpose of paying its prior indebtedness.</p> <p>Mandamus — When Lies — To State Officers — School Bonds— Validity. Where bonds issued by a school district in excess of the constitutional limit of indebtedness were purchased by the state officers empowered to invest the school fund, mandamus will not lie to compel the state auditor to issue a warrant for such portion of the bonds as would fall within the constitutional limit, the bonds being void and attacked prior to acceptance of the issue; there being in such case no question of estoppel or good faith.</p>