Hartson v. Dale

• Decision Date: 10 July 1894
• Citation: 37 P. 475,9 Wash. 379
• Parties: HARTSON v. DALE ET AL.
• Court: Washington Supreme Court

37 P. 475

9 Wash. 379

HARTSON v. DALE ET AL.

Supreme Court of Washington

July 10, 1894

Appeal from superior court, Skagit county; Henry McBride, Judge.

Action by D. H. Hartson against John L. Dale and others. From a judgment for defendants, plaintiff appeals. Reversed.

Million & Houser, for appellant.

Wells &amp Joiner, for respondents.

DUNBAR C.J.

This is an action brought by appellant as a resident and taxpayer of Skagit county against respondents to cancel and enjoin the payment of a certain warrant issued by the auditor to respondent Dale, an interest in the warrant being claimed by respondent Moody, and Dunlap being made a party that he may be enjoined from paying the warrant as treasurer. The complaint alleges that the respondent Dale is chairman of the board of county commissioners of Skagit county, and that on the 2d day of September, 1893, while acting as such chairman, together with only one other member of the board, and while the board was in session, made an order authorizing respondent Dale to attend the state board of equalization at Olympia, claiming to represent the county of Skagit, for the purpose of inducing said state board of equalization not to interfere with the assessment roll of said Skagit county by raising the amount of assessed property of said Skagit county as assessed by the county assessor thereof; that such services rendered by said Dale were not for attendance upon any regular session of the board of county commissioners, but that such services were rendered in fact without any authority of said board of county commissioners; that the said defendant Dale afterwards presented a bill to the board of county commissioners of Skagit county for $75 for his services in so attending the meeting of the said board of equalization, and that the board of county commissioners unlawfully and without warrant or authority of law allowed and ordered paid to the said Dale the sum of $75, and directed that said sum be paid said Dale by warrant drawn upon the salary fund of Skagit county; and alleges that the auditor of Skagit county, in pursuance of said order, did, on the 28th day of September 1893, draw his warrant upon said Dunlap, as treasurer of said county, payable out of the salary fund, for the sum of $75; that the warrant was duly presented, and indorsed by the treasurer, "Presented, and not paid for want of funds." The complaint alleges that the plaintiff is a taxpayer of the county of Skagit, and has been for three years last past, and alleges all other necessary qualifications, and asks that the treasurer be restrained from paying the warrant. Respondents interposed a demurrer to the complaint, which, upon a hearing by the court, was sustained. The plaintiff electing to stand upon his complaint, a judgment of dismissal was duly entered, and from the judgment the appellant appeals.

Section 3, c. 75, of the Session Laws of 1893 provides that "Whenever a county commissioner of any of...