Cloud v. Lawrence

• Decision Date: 22 June 1895
• Citation: 40 P. 741,12 Wash. 163
• Court: Washington Supreme Court
• Parties: CLOUD v. LAWRENCE, MAYOR, ET AL.

40 P. 741

12 Wash. 163

CLOUD v. LAWRENCE, MAYOR, ET AL.

Supreme Court of Washington

June 22, 1895

Appeal from superior court, Whatcom county; John R. Winn, Judge.

Mandamus by J. A. Cloud against Phil A. Lawrence, mayor of the town of Sumas, and others. From a judgment for relator, defendants appeal. Affirmed.

Chambers & Lambert, for appellants

J. T Ronald, for respondent.

SCOTT J.

This was a proceeding in mandamus, brought against the town council and town treasurer of the town of Sumas, to compel the levying of a tax for the purpose of raising money to pay and to compel payment of, two certain warrants theretofore issued by the town to the relator. These warrants contained no statement as to the purpose for which they were issued but were otherwise regular in form. Prior to the present proceeding an action had been brought by the relator against the town to recover upon these warrants. Judgment was obtained by the plaintiff, and the town appealed therefrom. The judgment was reversed on the ground that such an action would not lie, the remedy being by mandamus. Cloud v Town of Sumas, 9 Wash. 399, 37 P. 305. Upon this last hearing the relator was again successful, and this appeal has been taken.

Appellants' main contention is that the warrants are void in consequence of not containing a statement of the purpose for which they were issued, but we think they are precluded from raising this point. It was insisted in the other cause that the plaintiff could not bring an action on the warrants to recover a judgment against the city, on the ground that he already had the city's evidences of indebtedness. This objection was sustained, and the effect of it was to decide, for the purposes of this case, that the warrants were regular in form. In fact, it was so stated in the opinion rendered. The point in question was not raised at said hearing. If it had been then made to appear that the warrants were invalid upon their face, and were not presumably entitled to payment, the case would have been decided otherwise.

It is further contended that the claims upon which these warrants were based, and for which they were issued, had never been presented to the town council, and also that they represented a loan of money, and that the council had no authority to borrow money. It was stipulated at the hearing that the evidence introduced in the former case should be considered as the evidence in this case, and a somewhat fuller statement of the facts than was made in the other decision may be desirable. The town of Sumas was incorporated as a town of the fourth class in July, 1891, and during the month of August thereafter, being...