Legal Opinion

Hilzinger v. Gillman

Washington Supreme Court

Decided December 9, 1909No. 8137PublishedCited by 25 opinions

Appeal from a judgment of the superior court for Snohomish county, Black, J., entered February 11, 1909, dismissing an action to enjoin the city clerk from certifying to an elector’s petition for a recall, after sustaining demurrers to the complaint, and overruling a demurrer to a petition in intervention.

1Opinion of the CourtGose, J.

This action was instituted by the appellant to enjoin the city comptroller, who is ex officio city clerk of the city of Everett, a city of the first class, from certifying to the city council that a certain electors’ petition was sufficient and in conformity with the provisions of the city charter. The complaint avers that the appellant has been duly elected as a councilman to represent the sixth ward in the city, for the term ending the first Tuesday after the first Monday in January, 1910; that he qualified and is acting as such; that the respondent Gillman is the comptroller and ex officio…

2Cases cited8 opinions

  1. St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
  2. In Re PfahlerCalifornia Supreme Court · 1906
  3. Attorney General ex rel. Rich v. JochimMichigan Supreme Court · 1894
  4. Matter of CarterCalifornia Supreme Court · 1903
  5. Hindman v. BoydWashington Supreme Court · 1906

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3Cited by25 opinions

  1. Conn v. City CouncilCalifornia Court of Appeal · 1911
  2. State Ex Rel. Burns v. Linn, District JudgeSupreme Court of Oklahoma · 1915
  3. Dunham v. ArderySupreme Court of Oklahoma · 1914
  4. State ex rel. Topping v. HoustonNebraska Supreme Court · 1913
  5. City Council of City of McAlester v. MilweeSupreme Court of Oklahoma · 1912

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