Birmingham v. Cheetham

Citations

• 19 Wash. 657
• 54 P. 37
• 1898 Wash. LEXIS 446

Syllabus

<p>DEMURRER — OBJECTIONS NOT RAISED —INJUNCTION —RESTRAINING PUBLIC OFFICERS.</p> <p>■A demurrer on the grounds that the complaint does not state a cause of action and that there is no equity in the complaint, would not raise the question of the legal capacity of plaintiff to sue.</p> <p>Although the ground of objection on which a demurrer to a complaint was sustained in the court below may not have been raised there, the ruling will be affirmed on appeal, if it appears that the complaint does not state a cause of action against defendants, and that the insufficiency of the facts stated was raised by demurrer.</p> <p>Injunction will not lie to restrain the officers of the state from complying with the provisions of an act of the legislature requiring them to perform certain public duties, in the absence of a showing that the complainant will he pecuniarily and directly injured by the acts complained of.</p>