Spokane County v. Bracht

• Decision Date: 02 October 1900
• Court: Washington Supreme Court
• Parties: SPOKANE COUNTY v. BRACHT et al., County Com'rs.

62 P. 446

23 Wash. 102

SPOKANE COUNTY v. BRACHT et al., County Com'rs.

Supreme Court of Washington

October 2, 1900

Appeal from superior court, Spokane county.

Action by Spokane county, a municipal corporation, against Frank Bracht and others, county commissioners. From an order granting a temporary injunction, both parties appeal. Remanded, with instructions to dismiss.

PER CURIAM.

This was an action brought by the prosecuting attorney of Spokane county, in the name of Spokane county, against the county commissioners of said county, to restrain them from bonding certain alleged warrant indebtedness against the county. Upon the presentation of the case in this court, on June 13, 1900, last, it was suggested by the court that the prosecuting attorney had no authority to bring an action in the name of a county against the county commissioners, and that this action would not lie, and the court refused to hear the case upon its merits. But, before finally deciding, the prosecuting attorney was allowed to file briefs on that particular point. The briefs have been filed, but an examination of them has failed to change our opinion on the proposition involved. The case is therefore remanded, with instructions to the lower court to dismiss the same.