State v. Superior Court of Whatcom County

Decision Date30 September 1896
Citation15 Wash. 314,46 P. 232
PartiesSTATE EX REL. BROWN ET AL. v. SUPERIOR COURT OF WHATCOM COUNTY ET AL.
CourtWashington Supreme Court

Application by the state, on the relation of Thomas R. Brown and others, receivers, for a writ of mandate to the superior court of Whatcom county and John R. Winn, judge. Denied.

Preston & Albertson, for respondents.

PER CURIAM.

This is an application for a writ of mandate to compel the respondent court to entertain an appeal from a justice of the peace. Although several objections are urged against granting the writ, we find it necessary to pass upon one of them only, and that is the delay of relators in making the application. The ruling of the respondent complained of was made on the 11th day of February last, while the first move made in this court was on June 25th. It was incumbent on the relators to proceed diligently in order to obtain relief by mandamus, and the delay of four months alone would require a denial of their petition.

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4 cases
  • Lopp v. Peninsula School Dist. No. 401
    • United States
    • Washington Supreme Court
    • October 26, 1978
    ...one occasion, this court has affirmatively applied the doctrine of laches to an action in mandamus. State ex rel. Brown v. Superior Court of Whatcom County, 15 Wash. 314, 46 P. 232 (1896). There it was held that a delay of four months, standing alone, constituted laches. The applicability o......
  • State v. Cole
    • United States
    • Washington Supreme Court
    • November 13, 1905
    ... ... PLAISIE et ux. v. COLE, Justice of the Peace. Supreme Court of WashingtonNovember 13, 1905 ... Appeal ... m Superior Court, Skagit County; Geo. A. Joiner, Judge ... Mandamus, ... ...
  • Deaver v. Patterson
    • United States
    • Washington Supreme Court
    • April 3, 1922
    ... ... 375 DEAVER v. PATTERSON et ux. No. 16871.Supreme Court of WashingtonApril 3, 1922 ... t ... Appeal ... from Superior Court, King County; A. W. Frater, Judge ... that of State ex rel. Brown v. Superior Court, 15 ... Wash. 314, 46 ... ...
  • State v. Vinther, 25526.
    • United States
    • Washington Supreme Court
    • June 2, 1936
    ...58 P.2d 357 186 Wash. 691 STATE v. VINTHER. No. 25526.Supreme Court of Washington, En Banc.June 2, 1936 ... Appeal ... from Superior Court, Spokane County; Joseph B. Lindsey, ... Judge ... ...

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