Mills v. State ex rel. Smith
Washington Supreme Court
Appeal from, Superior Court, Clarice County. Quo warranto on the relation of J. E. Smith, mayor of the city of Vancouver, Washington, in his official capacity, to oust from the office of city councilman of the city of Vancouver the appellant, A. F. Mills.
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Appeal from, Superior Court, Clarice County. Quo warranto on the relation of J. E. Smith, mayor of the city of Vancouver, Washington, in his official capacity, to oust from the office of city councilman of the city of Vancouver the appellant, A. F. Mills. Vancouver is a city of tbe third class, organized under Laws 1889-90, p. 131. By the amendatory act of March 9, 1891, the number of councilmen for such city was enlarged from six to seven, and the act provided that "the mayor or mayor pro tem. shall, on or before the 15th day of June, 1891, with the consent and approval of the city council,…
1Opinion of the Court
The opinion of the court ivas delivered by
Dunbar, J.
— This case presents to our consideration two questkms: First, Does the complaint show that the respondent has sufficient interest in the office claimed to have been usurped, to entitle him to appear as relator in an information in quo warranto proceedings? Second, Did the mayor pro tern., by and with the consent of the city council, have the power to appoint the additional councilman? The law involved in these propositions was presented so ably and concisely by counsel on the respective sides that the court has been greatly aided in its…
2Cases cited2 opinions
- Churchill v. WalkerSupreme Court of Georgia · 1882
- Miller v. Town of PalermoSupreme Court of Kansas · 1873
3Cited by20 opinions
- State Ex Rel. Evans v. Brotherhood of FriendsWashington Supreme Court · 1952
- State v. VerharenWashington Supreme Court · 1998
- State Ex Rel. Quick-Ruben v. VerharenWashington Supreme Court · 1998
- State ex rel. Attorney General v. Seattle Gas & Electric Co.Washington Supreme Court · 1902
- State ex rel. Gilbert v. Prosecuting AttorneyWashington Supreme Court · 1916
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