Legal Opinion

State ex rel. McAvoy v. Gilliam

Washington Supreme Court

Decided November 1, 1910No. 9218PublishedCited by 10 opinions

Application filed in the supreme court October 31, 1910, for a writ of prohibition to the superior court of King county, Gilliam, J., to prevent a trial upon the merits of a petition and affidavit seeldng to contest the nomination of xelator for state senator.

1Opinion of the CourtMount, J.

This is an application for a writ of prohibition. It appears that the relator and John A. Whalley were rival candidates at the primary election held in September last, for the office of state senator in the thirty-sixth senatorial district; that at such pi imary election the returns showed that relator received 1,49V votes, and Mr. Whalley received 1,435 votes; that on September 27, 1910, the canvassing board issued a certificate of nomination to relator, thereby authorizing his name to be placed upon the general election ballot as the republican nominee for such office-Thereafter Mr.…

2Cases cited5 opinions

  1. Parmeter v. BourneWashington Supreme Court · 1894
  2. State ex rel. Fawcett v. Superior Court of Pierce CountyWashington Supreme Court · 1896
  3. Hays v. Merchants BankWashington Supreme Court · 1895
  4. Moore v. GilmoreWashington Supreme Court · 1896
  5. Thomas v. Van ZandtWashington Supreme Court · 1910

3Cited by10 opinions

  1. State Ex Rel. O'Connell v. DubuqueWashington Supreme Court · 1966
  2. Leu v. MontgomeryNorth Dakota Supreme Court · 1914
  3. Rogoski v. HammondCourt of Appeals of Washington · 1973
  4. State Ex Rel. McCool v. Small Claims CourtCourt of Appeals of Washington · 1975
  5. State Ex Rel. Kurtz v. PrattWashington Supreme Court · 1954

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