title:
George D Hill, H L Yesler, James McNaught, Hillory Butler, David Kellogg, S Baxter and D N Hyde, Plaintiffs in error, v The County of King Defendent in error, Brief of Plaintiffs in error
title:
98
creator:
George D. Hill
creator:
H. L. Yesler
creator:
James McNaught
creator:
Hillory Butler
creator:
David Kellogg
creator:
S. Baxter
creator:
D. N. Hyde
contributor:
Thomas Burke
contributor:
J. C. Haines
date:
1890-10
publisher:
Washington State Supreme Court
type:
Civil
subject:
Local Government Law
language:
eng
format:
application/pdf
description:
Prior History: Error to District Court, King County.County Treasurer – Action on Bond – Referee’s Findings – County Commissioners – Powers of – Accounts – On the appeal of an action tried before a reference, the supreme court will assume, in the absence of the evidence, that the facts found by the reference are true, and that the evidence warranted the findings.In an action on the bond of a county treasurer, the findings by a reference that the principal defendant was the duly elected and qualified treasurer of the county at the time complained of; that he and his sureties executed the bond described in the complaint; that while acting as such county treasurer, he received for the use of the said county divers large sums of money, and that he did not account to the proper authorities for all the money so received by him; and that through mistakes and errors on the part of said treasurer, the auditor and the board of county commissioners, said treasurer did not pay over to his successor in office a certain sum out of the moneys received by him as treasurer for the use of said county, are sufficient to justify the conclusion of law by the referee that plaintiff was entitled to judgment against the defendants for said sum of money not accounted for.Under the organic act of the Territory of Washington (Rev. St. U.S., § 1907), boards of county commissioners could not be clothed with judicial powers, even by act of the legislature, and the power exercised by said boards in making settlements with county treasurers is of a ministerial character, and not binding upon the county.
relation:
Ferry v. King County, 2 Wash. 337 (1891)
relation:
26 P. 537
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf
