Washington Reports Volume 93

Washington Reports Volume 93

By (author) 

List price: US$40.94

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks


This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...is refused, mandamus is the proper proceeding to compel the payment of such warrants; and, in such proceeding, there may be pleaded any defenses which will defeat the claimed right to the writ. Cloud v. Sumas, 9 VVash. 399, 37 Pac. 305; Abernethy 1). Medical Lake, 9 Wash. 112, 37 Pac. 306; Bacon 1). Tacoma, 19 Wash. 674, 54 Pac. 609. In the case now before us, the fund was available for the payment of the warrants at the time the demand was made, because there remained continuously in the general fund sufficient money to pay the warrants, and the city, by commingling the local improvement fund with its general fund, made the general fund liable for the payment of the local improvement warrants. Section 28 of the local improvement act requires that all moneys collected by the treasurer for local assessments shall be kept as a separate fund, known as "Local Improvement Fund, District No.--," and shall be used for no other purpose than for the redemption of warrants and bonds drawn upon or against such fund. Laws of 1911, ch. 98, p. 459, 28 (Rem. 1915 Code, 7892-28). In State ex rel. American Freehold-Land Mortgage Co. v. Tanner, 45 Wash. 348, 88 Pac. 321, it was held that local improvement obligations "cannot be made a general charge Opinion Per MAIN, J. 93 Wash. against the city. Reason and authority both sustain the proposition that the local improvement fund is a'trust fund. Weik '0. Wausau, 143 Wis. 645, 128 N. W. 429; State ex rel. Scandinavian-American Bank of Seattle v. Tall/man, supra. Where trust funds are commingled with other funds, and there remains continuously in such commingled fund an amount in cash equal to the amount of the trust fund, the trust obligations are payable out of the...show more

Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236809874
  • 9781236809872