Skagit County v. Trowbridge

• Decision Date: 04 May 1901
• Citation: 64 P. 901,25 Wash. 140
• Court: Washington Supreme Court
• Parties: SKAGIT COUNTY v. TROWBRIDGE.

64 P. 901

25 Wash. 140

SKAGIT COUNTY v. TROWBRIDGE.

Supreme Court of Washington

May 4, 1901

Appeal from supreior court, Skagit county; J. P. Houser, Judge.

Action by the county of Skagit against H. H. Trowbridge on an award made under an agreement to arbitrate. From a judgment in favor of the county, defendant appeals. Affirmed.

E. F Blaine and Lee De Vries, for appellant.

M. P Hurd, for respondent.

PER CURIAM.

In the year 1892 the Burrows Bay Improvement Company, a corporation constructed a steam railway from the main line of the Seattle & Northern Railway Company, in the town of Anacortes, Skagit county, to Shannon's Point, in said county. In the exercise of the taxing power, the authorities of Skagit county undertook to assess and levy taxes upon said property for the years 1893, 1894, 1895, and 1896. On the 23d day of September, 1896, the appellant, in an action in the superior court of King county, recovered judgment against said company for the sum of $6,270 and costs; and thereafter he caused an execution to issue, and a levy was made thereunder upon the unballasted railway track of said company. A sale was made under the execution by the sheriff of Skagit county, and appellant was the purchaser of the property. By reason of Skagit county's claim for taxes under the aforesaid assessments and levies, the taxes not having been paid, the said county threatened to enjoin the removal of the rails purchased by appellant as aforesaid; and it was thereupon agreed between appellant and said county that, in lieu of said rails, appellant should deposit with the First National Bank of Mount Vernon the sum of $700, which money should remain with said bank to answer any judgment that might thereafter be recovered in favor of said county for taxes. At the same time it was agreed that the parties should thereafter agree upon some procedure for the determination of the validity of the taxes claimed against said rails, and the right of appellant to remove the rails before the taxes were paid. It was further agreed that either party should have the right to commence a proper proceeding for the determination of said controversy, or, not desiring to do so, the matter should be submitted to arbitration, according to the laws of the state of Washington, before one arbitrator, who should be an attorney at law in active practice and good standing, and a resident of the town of Mt. Vernon, to be chosen by the county commissioners of Skagit county. The $700 was accordingly deposited by appellant with said bank, and the rails were removed...