Legal Opinion

State ex rel. Allen v. Superior Court

Washington Supreme Court

Decided October 27, 1894No. 1540PublishedCited by 9 opinions

Original Application for Prohibition. The affidavit of merits filed in this case states, among other things: “That affiant has fully and fairly stated the facts of his defense of the case to his counsel, for his advice, and that he informed affiant that affiant and his co-defendants had a good and valid defense upon the merits of said action, and to all of it, with the exception of eighty dollars, all of which affiant verily believes to be true. ’ ’

1Opinion of the Court

The opinion of the court was delivered by

Hoyt, J.

— By this proceeding it is sought to prohibit the superior court of Pierce county and W. H. Pritchard, respondents, from further proceeding in a certain cause which had been brought in that court against the petitioner and other defendants. It sufficiently appears from the return to the alternative writ heretofore issued that, within the time prescribed by law, three of the defendants appeared in the action, filed a demurrer to the complaint, and an affidavit of merits, and demanded that the cause be removed for trial to the county of King, in…

2Cases cited3 opinions

  1. City of North Yakima ex rel. Whitson v. Superior CourtWashington Supreme Court · 1892
  2. State ex rel. Cummings v. Superior CourtWashington Supreme Court · 1893
  3. State ex rel. Campbell v. Superior CourtWashington Supreme Court · 1893

3Cited by9 opinions

  1. State ex rel. Miller v. Superior CourtWashington Supreme Court · 1905
  2. State ex rel. Martin v. Superior CourtWashington Supreme Court · 1917
  3. State ex rel. Poussier v. Superior CourtWashington Supreme Court · 1917
  4. Agens v. PowellWashington Supreme Court · 1914
  5. Font v. CastroSupreme Court of Puerto Rico · 1924

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