Townsend Gas & Electric Light Co. v. Hill

Citations

• 24 Wash. 469
• 64 P. 778
• 1901 Wash. LEXIS 557

Syllabus

<p>APPEAL-RECORD-IDENTIFICATION WITHOUT JUDGE’S CERTIFICATE.</p> <p>An agreed statement of facts upon which a cause had been tried will not be stricken on appeal for want of the trial judge’s certificate, when it is sufficiently identified by the court’s findings and by the accompanying record.</p> <p>SAME-ERRONEOUS FINDINGS-HARMLESS ERROR.</p> <p>An erroneous finding of fact by a court, which does not materially affect the merits of the controversy, does not constitute prejudicial error. .</p> <p>APPEAL BOND-WHEN NOT REQUIRED OF PUBLIC OFFICERS.</p> <p>Public officers need not furnish an appeal bond, when they appeal in behalf of public corporations which by law are exempted from the necessity of furnishing such a bond.</p> <p>MUNICIPAL CORPORATIONS CONTRACTS ■— WHETHER PAYABLE OUT OF INDEBTEDNESS OR CURRENT EXPENSE FUND-CONSTRUCTION OF STATUTE.</p> <p>Under Laws 1897, p. 222, requiring cities of less than 20,000 inhabitants to maintain a “current expense fund,” corresponding to what had theretofore been known as the “general fund,” and an “indebtedness fund” against which should be chargeable “all outstanding warrants, certificates and all other obligations and indebtedness of the city, for the payment of which no provision is made by law,” the indebtedness described as “all other obligations and indebtedness” must be construed as limited to the same class as the particular words which precede, and hence where plaintiff had a claim creating a general liability of the city, but the amount of which was not finally fixed and ascertained at the date of the creation by law of the indebtedness fund, plaintiff could compel py writ of mandate the issuance to it of warrants upon the current expense fund in payment of the indebtedness due it.</p>