Dillon v. Spokane County

• Decision Date: 31 January 1888
• Citation: 17 P. 889,3 Wash.Terr. 498
• Parties: DILLON, SHERIFF, v. SPOKANE COUNTY.
• Court: Washington Supreme Court

17 P. 889

3 Wash.Terr. 498

DILLON, SHERIFF, v. SPOKANE COUNTY.

Supreme Court of Territory of Washington

January 31, 1888

Error to district court, Spokane county.

Action by Spokane county against T. P. Dillon, as sheriff and tax collector of such county, for his default in paying over certain taxes. Judgment for plaintiff, and defendant brings error.

LANGFORD, J.

This is an action brought by the county against the defendant Dillon, as sheriff and tax collector of said county, for default in paying over money collected by him as taxes. The bondsmen were joined as defendants in the complaint, but only the tax collector, Dillon, answered, and judgment was rendered against him alone. The complaint declares upon the bond, but its allegations are sufficient to constitute a cause of action against Dillon, if the bond and the allegation thereto were stricken out. The court entered judgment in the case against Dillon, for the ostensible reason that he failed to answer interrogatories filed and served upon him. The argument has been made against this reason for the judgment. If the judgment was right, though the reason erroneous, the judgment should be sustained. The allegations in the complaint are that defendant collected delinquent taxes in each year from 1880 to 1883,-a specific sum of money. The only denial of this in the answer is a denial of having collected exactly the sum the complaint alleges, but does not deny having collected any other than the exact sum alleged, whether more or less. This denial is worthless, and, by failure to deny, the defendant confessed the collection of all those sums, less, perhaps, a cent, or it may be a cent more. If there were nothing else in the case, these pleadings would justify the judgment.

There is nothing to modify this conclusion, except it may be the denial to the seventh paragraph to the complaint, or the new matter pleaded in the answer; and as to the receipt of $274 for delinquent taxes for the years 1880, 1881, 1882, and 1883, as to which last the answer is good. The seventh paragraph is denied by a general denial, and is good as to that allegation. This allegation is simply an allegation of the sums received in totals. The items making these totals being admitted, the denials of the sums thereof is merely a denial of the correctness of the addition. The seventh allegation, and the denial thereof, form no issue of fact, and are superfluous and immaterial. ...