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Hillyard ex rel. Tanner v. Carabin

The City of Hillyard, on the Relation of W. V. Tanner, Attorney General v. John A. Carabin

Hillyard ex rel. Tanner v. Carabin, 169 P. 468 (Wash. 1917)
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Court
Washington Supreme Court · State Highest Courts
Decided
December 27, 1917
Docket
No. 13762
Citations
169 P. 46899 Wash. 6941917 Wash. LEXIS 1179
Disposition
Modified.
Summary
Appeal from a judgment of the superior court for Spokane county, Sullivan, J., entered November 30, 1915, upon findings in favor of the plaintiff, in an action on an official bond, tried to the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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On Petition eor Rehearing.

Per Curiam.

In the original opinion in this case ( 96 Wash. 366 , 165 Pac. 381 ), it was, among other things, ordered that the sum of 5723.81 be added to and included in the final judgment as having *695 been overlooked in preparing tbe judgment below. On petition for rehearing and for modification, it is shown, and conceded, that the city attorney and assistant attorney general had taken care of that item and appellants had received proper credit, but the record and judgment did not so show. On the admission of counsel, the item so allowed is deducted and stricken.

It is further shown on petitions for rehearing and modification that there is considerable uncertainty as to the items allowed by the trial court as established against appellants for the period held not to be barred by the statute of limitations subsequent to January 11, 1911, the date of the expiration of Carabin’s first term, as to the segregation of items which would be barred and those which would not be barred under this opinion; and in view of the extremely imperfect state of the record upon those facts, it is deemed just to order the case remanded to retry the questions as to items during that unbarred period and enter judgment for the proper sum, if any, according to the facts established by such hearing as to those items.

Upon the principal questions otherwise, the original decision will remain undisturbed.

Remanded for further proceedings in accordance with the former opinion as modified hereby.

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City of Hillyard v. Carabin, 165 P. 381 (Wash. 1917) 11

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