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· 11/2/1912

State ex rel. Forgues v. Superior Court

Citations

  • 70 Wash. 670
  • 127 P. 313
  • 1912 Wash. LEXIS 1104

Syllabus

<p>Intoxicating Liquors — Local Option — Elections —Statutes— Construction. A city election for tbe purpose of electing city officers to carry out tbe change to a commission form of government is a “general election,” witbin tbe local option law, Rem. & Bal. Code, § 6294, providing that tbe petition for an election in a local unit shall be signed by qualified electors equal in number to thirty per.cent of tbe electors voting at tbe “last general election witbin such unit.”</p> <p>Judgment — Bar—Res Judicata — Parties Concluded — Cases of General Interest. A judgment sustaining a demurrer and dismissing an action brought by a citizen and taxpayer against a city clerfe to enjoin tbe bolding of a local option election on tbe ground that the petition therefor was insufficient, is res judicata and a bar to a similar action brought for the same purpose by another citizen and taxpayer alleging his special interest as a retail liquor dealer, where it is not shown that the former suit was fictitious or collusive.</p>

Judges: Gose

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