State ex rel. Blake v. Morris

Citations

• 14 Wash. 262
• 44 P. 266
• 1896 Wash. LEXIS 355

Syllabus

<p>JURISDICTION OF COURTS — CONTESTED ELECTION OF COUNCILMAN — QUO WARRANTO.</p> <p>The jurisdiction to entertain quo warranto to determine who is entitled to the office of councilman of a city, under art. 4, § 6 of the constitution, providing that the superior court shall have original jurisdiction of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court, is not ousted by Gen. Stat., §634, providing that the city council shall judge of the qualifications of its members and of all election returns, as the latter statute affords merely a cumulative remedy.</p> <p>The determination by a city council as to the qualification of a councilman under a statute providing that the city council shall judge of the qualifications of its members, merely establishes a prima facie right in the successful party, and does not prevent a subsequent proceeding by quo warranto in the superior court, where the council has not passed any ordinance or made any provision for the carrying on or determining of such contests.</p>