Baxter v. City of Seattle
Washington Supreme Court
Appeal from Superior Court, King County. Action by Daniel K Baxter to enjoin the city of Seattle and its officers from interfering with the erection of a certain building, or tearing down and destroying the same. Defendant, by its cross complaint, sought to enjoin plaintiff from proceeding further with said building, to which pleading plaintiff replied. Upon the hearing the court denied plaintiff's application for injunction, and granted that of defendant. Plaintiff appeals.
1Opinion of the Court
The opinion of the court was delivered by
Hoyt, J.
In view of the statements and admissions in the briefs of the respective parties to this appeal, we think the record presents only three questions which it is necessary for us to decide. Two of these are questions of law, and one is a question of fact.
It is argued by appellant that ordinance 1171 of the said city of Seattle is void, as not being authorized by the charter of said city. The provisions of said ordinance which he attacks are as follows:
“ Sec. 5. Any person or persons who shall violate or cause to be violated any of the provisions…
2Cited by3 opinions
- Spokane Street Railway Co. v. City of Spokane FallsWashington Supreme Court · 1893
- Newman v. Northern Montana Ass'n of Credit MenMontana Supreme Court · 1922
- Bainbridge v. WilcocksUnited States Circuit Court · 1832