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State ex rel. Taylor v. Cummings

State of Washington on the Relation of Charles L. Taylor v. Martin Cummings

State ex rel. Taylor v. Cummings, 67 P. 565 (Wash. 1902)
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Court
Washington Supreme Court · State Highest Courts
Decided
January 18, 1902
Docket
No. 4093
Citations
67 P. 56527 Wash. 3161902 Wash. LEXIS 394
Disposition
Appeal dismissed.
Syllabus
APPEAL-DISMISSAL-CESSATION OF CONTBOVEBSY. Where the term of office has expired which was involved in a contest over the right thereto, an appeal from the judgment in the cause will he dismissed, on the ground of there being no subject matter on which the judgment of the supreme court can operate.
Summary
Appeal from Superior Court, King County. — Hon. William R. Bell, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam.

This is a contest between the relator and respondent over an election, involving the' right to the office of road supervisor in road district No. 19 of King county, state of Washington, for the term of one year, to commence on the first Tuesday of January, 1901. Inasmuch as the term of office has expired, and there is no subject matter upon which the judgment of this court can operate, this cause will be dismissed under the rule announced in State ex rel. Daniels v. Prosser, 16 Wash. 608 *317 ( 48 Pac. 262 ) ; State ex rel. Coiner v. Wickersham, 16 Wash. 161 ( 47 Pac. 421 ) ; and Hice v. Orr, 16 Wash. 163 ( 47 Pac. 424 ).

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

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1903: 21904: 11909: 11912: 11922: 21933: 11936: 11940: 11945: 119032026peak 1903 · 2

Relies on it most ⓘ

  1. State ex rel. Gregory v. Boyd87 N.E. 140 (Ind. 1909)
  2. In re the Guardianship of Brown107 P.2d 1104 (Wash. 1940)
  3. Jones v. Miller77 P. 811 (Wash. 1904)
  4. Pacific Savings & Loan Ass'n v. Smith209 P. 1086 (Wash. 1922)
  5. Wilson v. Fraser121 P. 829 (Wash. 1912)
  6. Hogue v. McAllister210 P. 671 (Wash. 1922)

Most recent

  1. Ellern v. Superior Court160 P.2d 639 (Wash. 1945) · Dissent
  2. In re the Guardianship of Brown107 P.2d 1104 (Wash. 1940)
  3. Scott v. Ward54 P.2d 805 (Wyo. 1936)
  4. State ex rel. Sutton v. Hartley18 P.2d 840 (Wash. 1933)
  5. Hogue v. McAllister210 P. 671 (Wash. 1922)
  6. Pacific Savings & Loan Ass'n v. Smith209 P. 1086 (Wash. 1922)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Hice v. Orr, 47 P. 424 (Wash. 1896) 33
State ex rel. Coiner v. Wickersham, 47 P. 421 (Wash. 1896) 20
State ex rel. Daniels v. Prosser, 48 P. 262 (Wash. 1897) 11

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