State Ex Rel. Carroll v. Gatter

Pursuant to statute (Rem. Rev. Stat., § 946-2 [cf. RCW 7.48.060]) the prosecuting attorney commenced this action in equity, in the name of the state, to abate the Oxford Hotel in Seattle for six months; to have the contents thereof removed and sold as provided by law; to enjoin any further unlawful acts upon the premises; and to levy a penalty against the defendant owners. After a trial to the court, a decree was entered dismissing the action and allowing costs against the state. Relator has appealed.

Oral testimony was not taken at the trial. Counsel presented a stipulation which read, in…