Legal Opinion

Powers v. Webster

Washington Supreme Court

Decided September 6, 1907No. 6604PublishedCited by 5 opinions

Appeal from a judgment of the superior court for King county, Griffin, J., entered November 10, 1906, dismissing an action to set aside and cancel a deed of state lands, upon sustaining a demurrer to the complaint.

1Opinion of the CourtMount, J.

The appellant brought this action to set aside a sale of school lands, to cancel a deed therefor, executed by the state to respondent Croft, and to compel the respondent Ross, the state land commissioner, to re-offer the land for sale. The lower court sustained a demurrer to the amended complaint, upon the grounds that the court had no jurisdiction, plaintiff had no legal capacity to sue, there is a defect of parties, and that the complaint fails to state facts sufficient *100to constitute a cause of action. The plaintiff refused to plead further, and the action was dismissed.

The complaint…

2Cases cited11 opinions

  1. Smelting Co. v. KempSupreme Court of the United States · 1882
  2. Boggs v. Merced Mining Co.California Supreme Court · 1859
  3. Jones v. ReedWashington Supreme Court · 1891
  4. State ex rel. Bussell v. BridgesWashington Supreme Court · 1902
  5. Birmingham v. CheethamWashington Supreme Court · 1898

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State Ex Rel. Clithero v. ShowalterWashington Supreme Court · 1930
  2. State Ex Rel. Taylor v. LawlerWashington Supreme Court · 1940
  3. Herrold v. CaseWashington Supreme Court · 1953
  4. Herrold v. CaseWashington Supreme Court · 1953
  5. Herrold v. CaseWashington Supreme Court · 1953

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