State ex rel. West Seattle v. Superior Court

Citations

• 36 Wash. 566
• 79 P. 29
• 1905 Wash. LEXIS 629

Syllabus

<p>Prohibition — When Lies — Jurisdiction oe Courts to Enjoin Canvass op Election Returns — Adequacy of Remedy by Appeal. Prohibition does not lie to prevent the superior court from taking jurisdiction of an action brought by a property owner to enjoin the officers of a city from canvassing the returns of a special election, held therein for the purpose of annexing plaintiffs’ property, on the ground of non-compliance with the election laws, fraud, and the unconstitutionality of the act under which the election was held, since the court had jurisdiction of the action to determine such questions, and there is an adequate remedy by ' appeal.</p> <p>Same — Emergency—Delay in Collection of Taxes. Upon an application for a writ of prohibition sought by a city to prevent the superior court from taking jurisdiction of an action to enjoin the canvass of the returns of a special election held for the purpose of annexing territory, sufficient emergency to warrant the issuance of the writ is not shown by an affidavit to the effect 'that the collection of taxes will be delayed, since time-alone does not affect the adequacy of an appeal.</p> <p>Same — Remote Damages. In such a case, neither is an emergency shown by the fact that contemplated street railway construction by the city would probably be done upon better terms now than later, since that is too vague and speculative.</p>