City of Tacoma v. Commercial Electric Light & Power Co.

The opinion of the court was delivered by

Dunbar, J.

Careful and elaborate briefs have been prepared by both appellant and respondent on the merits of this case, but there is a question lying at the threshold which renders it unnecessary for us to discuss the merits. A plea in abatement was made by the appellant and the court was asked to vacate the restraining order and dismiss this action by reason of the pendency of another case involving the same questions.

The appellant had commenced in the superior court of Pierce county before Judge Pritchard, superior judge, injunctive proceedings…