State ex rel. Sylvester v. Superior Court
Citations
- 60 Wash. 583
- 111 P. 787
- 1910 Wash. LEXIS 1102
Syllabus
<p>Certiorari — Review—Cessation op Controversy. A writ of certiorari to review an order suspending a temporary injunction will be quashed where the suspension was to permit the institution of a condemnation suit, which was dismissed pending the hearing; since •the suspension has become inoperative, and the relator can apply to ■the lower court for relief.</p> <p>Eminent Domain — Railroads—Rights in Streets — Injunction to Protect Trespass. A court of equity will not protect a railroad ■company in the use of a public street, pending condemnation proceedings, where the company had no franchise and was a trespasser in the street ab initio.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting the statutory “penalties that serve to deter parties from entering illegal contracts—such as voiding the contract and imposing fines—apply to both parties”
- “Unjust enrichment applies to situations where there is no legal contract and the person sought to be charged is in possession of money or property which in good conscience and justice he should not retain but should deliver to another.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rudkin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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