Lincoln County v. Fish
Washington Supreme Court
Appeal from a judgment of the superior court for Lincoln county, Neal, J., entered June 1, 1904, dismissing an action to enjoin the obstruction of a public highway, upon sustaining a demurrer to the complaint.
1Opinion of the CourtRoot, J.
Appellant brought this action to enjoin respondent from obstructing a public highway by the erection of a fence across the samei To the complaint, a de*106murrer was interposed and sustained, upon the ground “that the plaintiff has no capacity to- sue.” Appellant electing to stand upon its complaint, the action was dismissed. From the judgment of dismissal, appeal is taken to this court.
The sole question presented is as to. the capacity of the county to maintain such an action in its corporate name. Respondent contends that a county can maintain an action in its corporate capacity, and in its…
2Cases cited15 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Town of Derby v. AllingSupreme Court of Connecticut · 1873
- City of Port Townsend v. LewisWashington Supreme Court · 1904
- Kirtley v. County of SpokaneWashington Supreme Court · 1898
- City of New Haven v. SargentSupreme Court of Connecticut · 1871
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3Cited by2 opinions
- Orrock v. South Moran TownshipWashington Supreme Court · 1917
- Kitsap County v. BubarWashington Supreme Court · 1942