17 Wash. 361 | Wash. | 1897
The opinion of the court was delivered by
This is an appeal from a judgment ren-, dered in favor of the plaintiff upon an award of damages
We are of the opinion that the showing was insufficient to sustain the judgment. There was no attempt to show that the city had any money on hand which it had collected upon the property assessed. In Baker v. Seattle, 2 Wash. 577 (27 Pac. 462), rights similar to the one involved here were before the court and passed upon, under these identical charter provisions. It was held that the city could not be charged with the value of the property taken, at least until after it had been fully moved to prosecute the assessments and had failed. There is nothing to show in this proceeding whether the assessments had been collected or not, nor whether the plaintiff in this case had ever called upon the city officers to proceed therewith, or "had resorted to any proceedings to compel them to proceed.
It is claimed by the plaintiff, and the record shows, that several judgments were entered upon similar awards in favor of other parties, and it is contended that in consequence of having allowed that course in siich instances the city would be estopped from questioning the right of the
The plaintiff objected to a consideration of the case here, and moved for a dismissal of the appeal on the ground that the assessment roll was not in the record, and alleges that the same could not be found, but was lost in the lower court, and that if it was here, it might sustain the plaintiff’s right to recover. But we do not think it could be
Reversed.
Anders, Gordon and Reavis, JJ., concur.
Dunbar, J., dissents.