Legal Opinion · Dissent

American Bridge Co. v. Wheeler

Washington Supreme Court

Decided April 20, 1904No. 4797Published

Appeal from a judgment of the superior court for Whitman county, Chadwick, J., entered June 11, 1903, upon sustaining demurrers to a petition for a writ of mandate, dismissing the proceeding.

1DissentFullerton, C. J.

(dissenting). — I am unable to concur in either the opinion or the judgment in this case. It seems to me the court has not only overlooked the real question presented by the record, but has decided erroneously the question thought to be presented.

Taking up, first, the question decided by the court, it will be observed, from the statement made at the opening of the main opinion, that this is not a case where no warrant has been issued, as a matter of fact, for the appellant’s claim. On the contrary, a warrant has not only been issued in fact for that claim, but it has been actually paid by the…

2Cases cited2 opinions

  1. State v. PierceSupreme Court of Kansas · 1893
  2. State v. RabyWashington Supreme Court · 1903

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