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· 4/25/1918

State ex rel. O'Neil v. Wallace

Citations

  • 101 Wash. 410
  • 172 P. 581

Syllabus

<p>Mandamus—Excuse foe Noncompliance — Subsequent Garnishment. A county auditor is not excused from complying with a writ of mandate directing the issuance and delivery of two certain warrants to the relator hy' the fact that, in a subsequent action, he had been garnisheed in an action against the relator and had answered that he held the warrants and could not make delivery by reason of the writ of garnishment.</p> <p>Same—Excuse fob Noncompliance—Subsequent Injunction. In such a case, it is no excuse for failing to comply with the writ that, in a subsequent action, the same court had issued an injunction restraining him from doing the things commanded in the writ of mandamus; since there is no jurisdiction to grant an injunction to stay proceedings on a mandamus.</p>

Judges: Mount

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