Legal Opinion

McNair v. Ostrander

Washington Supreme Court

Decided February 13, 1890No. 23PublishedCited by 18 opinions

Appeal from District Gourt, Thurston County. The facts are stated fully in the opinion. “ The meaning of a law is ascertained from its words. Where these are obscure, regard is to be had to its (1). context, (2) subject-matter, (3) effect and consequences, (4) reason and spirit.” Robinson’s Elementary Law (1st ed.), p. 2; Blackstone, Com.

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Appeal from District Gourt, Thurston County. The facts are stated fully in the opinion. “ The meaning of a law is ascertained from its words. Where these are obscure, regard is to be had to its (1). context, (2) subject-matter, (3) effect and consequences, (4) reason and spirit.” Robinson’s Elementary Law (1st ed.), p. 2; Blackstone, Com. (Cooley’s 3d ed.),vol. 1, p. 59. The meaning intended to be conveyed by the words used in 7, 8, 96, et seq., of the charter of the city of Olympia being obscure, it will be necessary to apply the lights thus provided. Under the head of context we. have the…

1Opinion of the Court

The opinion of the court was delivered by

Stiles, J.

The appellant was tax collector of the city of Olympia, in the county of Thurston, and this action was brought to restrain him from selling a block of land fronting on Adams street for the amount of a special tax levied *113upon the block by the city authorities for the expense of grading the street. The complaint alleged certain acts of the common council, preceding and leading up to the levy and threatened sales, against the regularity of which no complaint was made. The ground of the action was, that under the act of the legislature approved…

2Cases cited4 opinions

  1. McNamara v. EstesSupreme Court of Iowa · 1867
  2. Burnham v. City of ChicagoIllinois Supreme Court · 1860
  3. People ex rel. Smith v. City of BrooklynNew York Supreme Court · 1856
  4. Gurnee v. City of ChicagoIllinois Supreme Court · 1866

3Cited by18 opinions

  1. Taylor & Quarles v. BrownSupreme Court of the United States · 1809
  2. Tanguma v. Yakima CountyCourt of Appeals of Washington · 1977
  3. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  4. Noland v. CromwellSupreme Court of Virginia · 1814
  5. Heath v. Seattle Taxicab Co.Washington Supreme Court · 1913

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