Legal Opinion

Pybus v. Smith

Washington Supreme Court

Decided June 6, 1914No. 12026PublishedCited by 8 opinions

Appeal from a judgment of the superior court for Chelan county, Pendergast, J., entered April 16,1914, dismissing an action for an injunction, upon sustaining a demurrer to the complaint.

1Opinion of the CourtParker, J.

The plaintiff, a councilman of the city of Wenatchee, seeks to have the defendant, as city clerk of that city, enjoined from calling a special election submitting to the voters the question of recalling and discharging the plaintiff from the office of councilman. The defendant demurred to the plaintiff’s complaint upon the ground, among others, that it did not state facts sufficient to entitle the plaintiff to the relief prayed for. The demurrer being, by the court, sust*66ained upon this ground, the plaintiff elected to stand upon his complaint and not plead further. Thereupon, judgment of…

2Cases cited4 opinions

  1. Lesher v. GetmanSupreme Court of Minnesota · 1883
  2. State ex rel. Tilley v. SloverSupreme Court of Missouri · 1892
  3. Bradford v. Territory of Oklahoma Ex Rel. WoodsSupreme Court of Oklahoma · 1894
  4. Minkler v. State ex rel. SmithersNebraska Supreme Court · 1883

3Cited by8 opinions

  1. Skidmore v. FullerWashington Supreme Court · 1962
  2. Joyner v. ShumanDistrict Court of Appeal of Florida · 1959
  3. Roberts v. MillikinWashington Supreme Court · 1939
  4. State Ex Rel. Walter v. HoughtonWashington Supreme Court · 1931
  5. State Ex Rel. Nisbet v. CoulterWashington Supreme Court · 1935

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