State v. Nicoll

Citations

• 40 Wash. 517
• 82 P. 895
• 1905 Wash. LEXIS 1019

Syllabus

<p>Injunctions — Jurisdiction—To Enjoin Election on Annexation of Territory to City — Appeal—Decision—Law of Case. Where it has been determined on appeal that the superior court had jurisdiction of a proceeding to enjoin a city election, the question is concluded and cannot be again urged upon a proceeding for a contempt in the violation of an order issued therein.</p> <p>Same — Commencement of Action — Summons—Jurisdiction Acquired Upon Piling Complaint. As an action may, under Bal. Code, § 4869, be commenced by the filing of the complaint, to be followed by service of summons within sixty days, the court acquires jurisdiction to grant a temporary restraining order upon the filing of the complaint, and before service of a summons.</p> <p>Municipal Corporations — Officers—Enjoined from Holding Special Election — Election Already Called. Where a restraining order has been served upon the city officers, enjoining the holding of an election, it is their duty to stop the election, and they cannot avoid punishment for contempt hy showing that the election had already been called and the election officers appointed.</p> <p>Same — Courts—Jurisdiction — Granting Injunction Without Notice on the Day Before Election — Propriety—Discretion. While the propriety of enjoining a municipal election upon the eve of the election, without giving notice of the application, is questionable, the matter is within the discretion of the trial court, and objection thereto does not go to the jurisdiction of the court to make the order.</p> <p>Contempt — Violation of Order — Parties—Joinder—Sufficiency of Affidavit. Where an affidavit in contempt proceedings against the mayor and' council of a city alleges the violation by such officers Of an order of court, after advising with the city attorney and upon the hearing the city attorney admits that he advised the violation of the order, the court has jurisdiction to order the city attorney made a party defendant, and to proceed against him as an