Barlow v. City of Tacoma

Washington Supreme Court

Barlow v. City of Tacoma

40 P. 382, 12 Wash. 32, 1895 Wash. LEXIS 111

CourtWashington Supreme Court

DecidedMay 27, 1895

DocketNo. 1718

StatusPublished

Cited by5 cases

This text of 40 P. 382 (Barlow v. City of Tacoma) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barlow v. City of Tacoma, 40 P. 382, 12 Wash. 32, 1895 Wash. LEXIS 111 (Wash. 1895).

Pincite

Opinions

The opinion of the court was delivered by

Scott, J.

This action was brought to have a special assessment for the improvement of a street declared void, and to restrain its collection. Judgment was rendered in favor of the plaintiffs, and the city has appealed.

Under the decision of this court in the case of Buckley v. Tacoma, 9 Wash. 253 (37 Pac. 441), the city failed to obtain any jurisdiction in the premises under the notice given, but the plaintiffs in this action, with the exception of Theodore Hosmer, saw fit to appear in [33]*33said proceeding and remonstrate against the prosecution of the work, on the sole ground that the same would involve the expenditure of a large amount of money, and that it would considerably inconvenience said parties remonstrating to pay their proportion thereof. Subsequently, in consequence of an extension by the council of the time of payment for two and a half years, these parties withdrew their remonstrance. This action supplied the defect aforesaid in the proceedings and conferred jurisdiction upon the city to proceed as against said parties, and they are estopped from raising the questions presented.

It is urged that the doctrine of estoppel should not obtain because it would result in compelling the parties who remonstrated to pay their assessment, while others who were not estopped would be under no legal liability to pay; thus resulting in an injustice. This, however, is not a sufficient ground to relieve them from the effects of their action in the premises, which was in effect to consent that the work might proceed as contemplated. Furthermore, it is a matter of common knowledge that in a majority of these cases a great many persons pay voluntarily, without questioning the validity of the proceedings; and occasionally, where the proceedings are regular, it happens that some parties escape payment through defective proceedings upon the part of the city in enforcing collection. And it is apparent, if the doctrine of estoppel is not applied, the same injustice would result in the payment of, or collection of, a portion of the tax from some of the parties against whom it was assessed and the escape therefrom by others.

The judgment of the court will be reversed as against all of the parties except Hosmer; as to him it will be affirmed1

[34]*34Hoyt, C. J., and Anders and Gordon, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

The opinion of the court was delivered by

Scott, J.

This action was brought to have a special assessment for the improvement of a street declared void, and to restrain its collection. Judgment was rendered in favor of the plaintiffs, and the city has appealed.

Under the decision of this court in the case of Buckley v. Tacoma, 9 Wash. 253 (37 Pac. 441), the city failed to obtain any jurisdiction in the premises under the notice given, but the plaintiffs in this action, with the exception of Theodore Hosmer, saw fit to appear in [33]*33said proceeding and remonstrate against the prosecution of the work, on the sole ground that the same would involve the expenditure of a large amount of money, and that it would considerably inconvenience said parties remonstrating to pay their proportion thereof. Subsequently, in consequence of an extension by the council of the time of payment for two and a half years, these parties withdrew their remonstrance. This action supplied the defect aforesaid in the proceedings and conferred jurisdiction upon the city to proceed as against said parties, and they are estopped from raising the questions presented.

It is urged that the doctrine of estoppel should not obtain because it would result in compelling the parties who remonstrated to pay their assessment, while others who were not estopped would be under no legal liability to pay; thus resulting in an injustice. This, however, is not a sufficient ground to relieve them from the effects of their action in the premises, which was in effect to consent that the work might proceed as contemplated. Furthermore, it is a matter of common knowledge that in a majority of these cases a great many persons pay voluntarily, without questioning the validity of the proceedings; and occasionally, where the proceedings are regular, it happens that some parties escape payment through defective proceedings upon the part of the city in enforcing collection. And it is apparent, if the doctrine of estoppel is not applied, the same injustice would result in the payment of, or collection of, a portion of the tax from some of the parties against whom it was assessed and the escape therefrom by others.

The judgment of the court will be reversed as against all of the parties except Hosmer; as to him it will be affirmed1

[34]*34Hoyt, C. J., and Anders and Gordon, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

40 P. 382, 12 Wash. 32, 1895 Wash. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barlow-v-city-of-tacoma-wash-1895.

Opinions

Related

Cite This Page — Counsel Stack