Legal Opinion

State ex rel. Swan v. Superior Court

Washington Supreme Court

Decided January 9, 1919No. 15152PublishedCited by 2 opinions

Application filed in the supreme court December 2, 1918, for a writ of mandate to compel the superior court for Clarke county, Back, J., to dismiss an action.

1Opinion of the CourtParker, J.

The relator, Swan, seeks a writ of mandamus from this court to compel the superior court for Clarke county to dismiss an action pending therein, wherein C. Mclrvin is plaintiff and the relator is defendant. The dismissal was asked in that court upon the ground that settlement of the controversy had been made between Mclrvin and the relator, and proper written evidence thereof filed in the action. The superior court denied the application for dismissal, apparently on the ground that Mclrvin’s assignor of the claim sued upon had some rights involved in the action which would be prejudiced by…

2Cases cited9 opinions

  1. State ex rel. Prentice v. Superior CourtWashington Supreme Court · 1915
  2. State ex rel. McIntyre v. Superior CourtWashington Supreme Court · 1899
  3. State ex rel. Wallace v. Superior CourtWashington Supreme Court · 1901
  4. State ex rel. Plaisie v. ColeWashington Supreme Court · 1905
  5. State ex rel. Ide v. CoonWashington Supreme Court · 1905

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3Cited by2 opinions

  1. State ex rel. Home Telephone & Telegraph Co. v. HurnWashington Supreme Court · 1919
  2. Downey v. WilburWashington Supreme Court · 1921

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