Waldron v. City of Snohomish

Citations

• 41 Wash. 566
• 83 P. 1106
• 1906 Wash. LEXIS 1009

Syllabus

<p>Municipal Corporations — Local Improvements — Reassessments — Action to Compel — Complaint—Sufficiency. In an action to compel a reassessment to pay warrants for the cost of a municipal improvement, the assessment for which had been adjudged vo.id, the complaint is not open to objection from having alleged that the first assessment was duly passed, or in failing to allege that it was void, where it is alleged that it was “adjudged void” by the superior court.</p> <p>Same — Parties Who May Maintain Action. Any holder of warrants issued in payment of local improvements, the assessments for which are invalid, is entitled to plead any former adjudication holding the assessments void, whether a party to the former proceeding or not.</p> <p>Municipal Corporations — Officers — Process — Notice to Successors. In a proceeding against the mayor and members of a city council, duly served with process in their official capacity, to compel the performance of an official act, the service and notice applies to and binds their successors in office.</p> <p>Municipal Corporations — Actions—Holders of Warrants' — Es, topped. The holders of warrants given in payment of a local improvement, the assessments for which are declared void, are not estopped from insisting upon a reassessment by the acceptance of interest or partial payments on their warrants.</p> <p>Same — Mandamus to Compel Assessment. The holders of warrants given in payment of a local improvement, the assessments for which are declared void, are entitled to a reassessment by a proper ordinance, and where this is refused, mandamus lies to compel the city officials to make such reassessment.</p>