Kelley v. Pierce County

• Decision Date: 25 September 1896
• Parties: KELLEY v. PIERCE COUNTY ET AL.
• Court: Washington Supreme Court

46 P. 253

15 Wash. 697

KELLEY v. PIERCE COUNTY ET AL.

Supreme Court of Washington

September 25, 1896

Appeal from superior court, Pierce county; John C. Stallcup, Judge.

Action by Thomas Kelley against Pierce county, John B. Hedges, treasurer, Frank H. Gloyd, auditor, H. G. Holmes and others, board of county commissioners, for an injunction to restrain the payment of county warrants, or the interest thereon, or the printing and exchanging of certain funding bonds, or the incurring of any indebtedness on account of the same, without such warrants being first submitted to and validated by the electors of Pierce county. From a judgment in favor of plaintiff, overruling a demurrer to the complaint, defendants appeal. Reversed.

Coiner & Shackleford and Crowley, Sullivan & Grosscup, for appellants.

Wickersham & Reid, for respondent.

PER CURIAM.

The judgment in this case is directly in conflict with the decision of this court in State v. Hopkins (Wash.) 44 P. 134, and Mullen v. Sackett, Id. 136. The judgment will therefore be reversed, and the cause remanded to the lower court, with instructions to sustain defendants' demurrer to the complaint.