Legal Opinion

Phillips v. Thurston County

Washington Supreme Court

Decided May 31, 1904No. 5009PublishedCited by 5 opinions

Appeal from a judgment of the superior court for Thurston county, Linn, J., entered LTovember 17, 1903, upon sustaining a demurrer to the complaint, dismissing an action to restrain the collection of a tax.

1Opinion of the CourtFullerton, C. J.

The appellants, as executors of the estate of Abbie H. H. Stuart, deceased, brought this action *188to enjoin the respondent and its officers from attempting to collect a tax levied against personal property formerly belonging to their testatrix. The trial court sustained a general demurrer to the complaint, and, upon the refusal of the appellants to plead further, entered a judgment of dismissal, and for costs, in favor of the respondents. The ultimate question therefore is, does the complaint state facts sufficient to constitute a cause of action.

In the complaint it is alleged, in substance,…

2Cases cited2 opinions

  1. Phelan v. SmithWashington Supreme Court · 1900
  2. North Western Lumber Co. v. Chehalis CountyWashington Supreme Court · 1901

3Cited by5 opinions

  1. State ex rel. Hopman v. Superior CourtWashington Supreme Court · 1915
  2. Star Iron & Steel Co. v. Pierce CountyCourt of Appeals of Washington · 1971
  3. State ex rel. Godfrey v. TurnerWashington Supreme Court · 1920
  4. Port Angeles Western R. Co. v. Clallam County, Wash.District Court, W.D. Washington · 1927
  5. Port Angeles Western R. Co. v. Clallam County, Wash.District Court, W.D. Washington · 1927

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