State ex rel. Robinson v. Superior Court for Spokane County
| Decision Date | 22 April 1935 |
| Docket Number | 25379. |
| Citation | 181 Wash. 541,43 P.2d 993 |
| Parties | STATE ex rel. ROBINSON, Director of Agriculture, v. SUPERIOR COURT FOR SPOKANE COUNTY et al. |
| Court | Washington Supreme Court |
Department 2.
Application by the State, on the relation of Walter J. Robinson, as State Director of Agriculture, for a writ of prohibition against the Superior Court for Spokane County, and William A. Huneke Judge thereof, to compel the Superior Court to desist from further proceedings in an action commenced therein against the relator by Paul E. Newport, doing business under the name of the Benewah Creamery.
Application denied.
G. W Hamilton and Geo. G. Hannan, both of Olympia, for relator.
H. E T. Herman and Robert R. Pence, both of Spokane, and Allen Froude & Hilen, of Seattle, for respondents.
This is an application for a writ of prohibition to compel the superior court of Spokane county to desist from further proceedings in a case pending Before it.
On September 20, 1934, Paul E. Newport, doing business under the name of Benewah Creamery, commenced an action in the superior court for Spokane county against Walter J. Robinson, director of agriculture of the state of Washington, to prevent the latter from revoking Newport's license to do business under the provisions of the Washington Agricultural Adjustment Act, chapter 12, p. 26, Laws of 1933, Ex. Sess. In his complaint, Newport alleged that the director had, on September 8, 1934, served upon his a 'notice of hearing on revocation of license' charging him with failing to maintain the price of ice cream as fixed by order of the department of agriculture, promulgated under the above act. It was further alleged in the complaint that the order of the director fixing the price of ice cream was wrongfully, arbitrarily, and capriciously made, without sanction of law, and was wholly unauthorized by the Washington Agricultural Adjustment Act or any other law of the state of Washington.
A temporary restraining order addressed to the director was issued by the court. In response thereto, the director appeared specially and moved to quach the summons and restraining order, and the service thereof, on the ground that, being a state officer, he could not be sued in Spokane county, but only in Thurston county, the seat of the state government. After argument, the court indicated its intention to deny the motion and to proceed with the case. The application for writ of prohibition was then made in this court.
The question presented by this particular proceeding is whether or not the superior court for Spokane county has jurisdiction of the relator and the subject-matter of the action pending Before it. The answer to that question follows as a consequence of two recent decisions affecting the Washington Agricultural Adjustment Act....
To continue reading
Request your trial
-
Deaconess Hospital v. Washington State Highway Commission
...grade of an existing highway without ascertainment and payment of just compensation to an abutting owner); State ex rel. Robinson v. Superior Court, 181 Wash. 541, 43 P.2d 993 (1935) (involving an action initiated in Spokana County to enjoin the state director of agriculture from revoking a......
- State ex rel. Robinson v. Superior Court for King County
-
Hanson v. Hutt
...it is one against the named defendant individually and therefore need not be brought in Thurston County. State ex rel. Robinson v. Superior Court, 181 Wash. 541, 43 P.2d 993 (1935); Wiegardt v. Brennan, 192 Wash. 529, 73 P.2d 1330 Turning to the second point, appellant concedes that the tri......
-
State ex rel. Thielicke v. Superior Court for Thurston County
... ... situated to assume jurisdiction and held that the action could ... be brought only in Thurston county. And in State ex rel ... Robinson v. Superior Court, 181 Wash. 541, 43 P.2d 993, ... 994, we cited the Walla Walla case in support of the conclusion ... that a suit to enjoin ... ...