State v. Middle Kittitas Irrigation District

Citations

• 56 Wash. 488
• 106 P. 203
• 1910 Wash. LEXIS 832

Syllabus

<p>Mandamus — To Enforce Payment of Corporate Judgment — Nature of Remedy — Election of Remedies. . The recovery of a money judgment against an irrigation district is not an election of remedies or a splitting of causes of action, so as to bar a mandamus proceeding to compel the sale of bonds to pay a disputed claim, on the theory that mandamus could have been maintained in the first instance, where it was not alleged in the original action that the district had no property subject to execution or that, the officers would refuse to satisfy the judgment; the presumption being that the officers would perform their .duty to pay the judgment, and mandamus in such case being in the nature of a remedy in aid of execution rather than an original cause of action.</p> <p>Limitation of Actions — Judgments—Actions to Enforce — Timé of Accrual — Mandamus to Pay Judgment. An action for a mandamus to compel an irrigation district to sell bonds to pay a judgment does not arise until the judgment is obtained and the refusal of the district to satisfy the same.</p> <p>Waters — Irrigation Districts — Mandamus to Pay Judgment— Necessary Parties — Statutes. Under Laws 1895, p. 448, § 22 (Bal. Code, § 4201), authorizing the board of directors and secretary to receive and pay out the funds of an irrigation district, the district treasurer, as disbursing officer, is not a necessary party to proceedings in mandamus to compel the district to sell bonds to satisfy a judgment against the district.</p> <p>Courts — Enforcement of Order — Appointment of Commissioner —Corporations—Failure of Agents. Under Bal. Code, § 4717, the court has power to appoint a commissioner to act for an irrigation district, where the district was mandamused to sell bonds and it appeared that the president of the board of directors was insane and the board was without a quorum.</p> <p>Abatement and Revival — Corporations—Death of Officer. The death of an officer of a corporation pending suit does not abate the action