State v. Lamprey

Citations

• 57 Wash. 84
• 106 P. 501
• 1910 Wash. LEXIS 699

Syllabus

<p>Mandamus — Peremptory Writ — Formal Judgment — Necessity. A peremptory writ of mandamus, on sustaining a demurrer to the application, upon findings and conclusions, issued prior to the entry of formal judgment, is premature; since the proceeding has all the elements of a civil action, and the statute provides for judgment on the issues distinct from the writ issued to enforce it.</p> <p>Appeal — Appealable Orders — Finality—Substantial Rights. An order refusing to quash a peremptory writ of mandamus, prematurely entered upon findings, etc., without a formal judgment, is appealable as an order affecting a substantial right which in effect determines the action.</p> <p>Municipal Corporations — Judgments—Funds for Personal Injury Claims. A judgment against a city for personal injuries was not, under former laws, satisfied by issuing and tendering warrants upon the city’s indebtedness fund, since the city current expense fund was the only fund on which the warrant could be drawn.</p> <p>Same. Rem. & Bal. Code, §§ 7999-8001, authorizing cities to create an accident fund, and directing payment of personal injury judgments therefrom, affects only the remedy, and is applicable to existing judgments for which no warrants were drawn when the law went into effect.</p>