State ex rel. Cummings v. Blackwell

Citations

• 91 Wash. 81
• 157 P. 223

Syllabus

<p>Municipal Cobporations — Incorporation—'Validity—Excess Agricultural Lands. The inclusion of excess agricultural lands within the limits of a town does not necessarily render the entire incorporation proceedings void, although the lands might not be affected by the incorporation.</p> <p>Appeal — Final Orders — Quo Warranto — Action to Compel- — Petition — Sufficiency — Preliminary Order — Duty of Prosecutor. Under Rem. & Bal. Code, § 1035, providing that informations in the nature of quo warranto may be filed by the prosecuting attorney upon his own relation if he deems it his duty, or by direction of the court, an order overruling the prosecuting attorney’s demurrer to a petition to require him to file an action in quo warranto, and directing him to mate an investigation and exercise his discretionary power in the matter of commencing quo warranto, is not a final order in the proceeding and is therefore not appealable; since it contemplates an answer by the prosecuting attorney, and a plain case is required to warrant a peremptory order requiring an action in quo warranto.</p>