Legal Opinion

State ex rel. Galdwin v. City of Cheney

Washington Supreme Court

Decided February 7, 1912No. 9592PublishedCited by 11 opinions

Appeal from a judgment of the superior court for Spokane county, Sullivan J., entered January 14, 1911, in favor of the defendants, upon quashing a writ of mandamus, after a trial to the court, dismissing an action for equitable relief.

1Opinion of the CourtChadwick, J.

Relator brought this proceeding to establish the legality and compel the payment of certain warrants, issued by the city of Cheney between the years 1891 and 1895. Relief was denied below, and relator has appealed.

Two principal defenses are urged: (1) That of res adjudícala — or, to be exact, estoppel by judgment; and (2) that the warrants were issued under a contract made between the city and the Cheney Water & Land Company, of which D. C. Percival was president. Mr. Percival was also mayor of the city. It is said the warrants are therefore void under the statute; or, if it be held that the…

2Cases cited12 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
  3. Rauch v. ChapmanWashington Supreme Court · 1897
  4. Parsons v. Tacoma Smelting & Refining Co.Washington Supreme Court · 1901
  5. City of Northport v. Northport Townsite Co.Washington Supreme Court · 1902

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

3Cited by11 opinions

  1. Vinson v. GrahamCourt of Appeals for the Tenth Circuit · 1930
  2. Gantenbein v. City of PascoWashington Supreme Court · 1913
  3. Mumma v. Town of BrewsterWashington Supreme Court · 1933
  4. Fidelity & Deposit Co. v. HobbsCourt of Appeals for the Tenth Circuit · 1944
  5. Osborne, Tremper & Co. v. King CountyWashington Supreme Court · 1913

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

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