Legal Opinion

Walker v. City of Spokane

Washington Supreme Court

Decided March 3, 1911No. 9386PublishedCited by 45 opinions

Appeal from a judgment of the superior court for Spokane county, Kennan, J., entered February 3, 1911, upon the pleadings by stipulation of counsel, after sustaining a demurrer to the complaint, dismissing an action to enjoin the holding of an election to elect municipal commissioners.

1Opinion of the CourtDunbar, C. J.

The only question in this case arises on the complaint, the defendant having filed a demurrer to the complaint as well as an answer, and the parties having stipulated in open court that the answer be not taken as waiving the demurrer, and that the court might render judgment on the pleadings as they stood. Plaintiff consented to this method of disposition because the answer failed to deny any material allegation of the complaint. The demurrer to the complaint was sustained, and from the judgment following, this appeal is taken.

The complaint, in brief, is to the effect that an election was *314held…

2Cases cited10 opinions

  1. Brown v. City of GalvestonTexas Supreme Court · 1903
  2. Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
  3. Waldo v. WallaceIndiana Supreme Court · 1859
  4. Graham v. RobertsMassachusetts Supreme Judicial Court · 1908
  5. Cochran v. McClearySupreme Court of Iowa · 1867

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3Cited by45 opinions

  1. Gruen v. State Tax CommissionWashington Supreme Court · 1949
  2. Sarlls, City Clerk v. State, Ex Rel.Indiana Supreme Court · 1929
  3. Shelton Hotel Co., Inc. v. BatesWashington Supreme Court · 1940
  4. State Ex Rel. Banker v. ClausenWashington Supreme Court · 1927
  5. City of Seattle v. WilliamsWashington Supreme Court · 1995

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

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