The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-07-26

1wvest~ss Dseiss~s In . SPOKANE Re-
ssfvsrstsp CaAs-eDshss Cases.
OtysrfA, July zs-tspeeial. The su-
presas eourt today fled decisions in the
Following eases:
state Of Washington ex rel, Henry L.
Titsnw W. Superior Court OF spoka ne
rcuptv .. al. resrondeuts, and State OF
Wsshiurtou ex rel. Washington savings
Bsnk W. SUPERIOR Court OF spo-
ksse esrunky. sppiicatiosa for wits OF
pruts ksssaas~ Realtors IN this CASE songhs
by these proceedings 10 have the supsf .s
couri &c Spokane county and two OF the
iudgss thereof prohibited from carrying
into .iTscf two certain orders made In
eass~ pending In court. Ono OF sncn
oyst~gs removed the rccelycr theretoiofs
opret nsed by the court. and the other ap-
poin.sd a recaiyeg In another action re-
Latina IN the same subject matter. In III
concl asions the court says:
.t:, the cAses ~ bar there ~ con-
tentlssa raised ns 20 the necessity OF
Rersisss acting far the court in adjusting
and losing np the affairs 0f the corpora
Zion. The ouIy thing which II sought
% b. controvested In the right OF
1he ,acart, under all circumstances. 10
decisss 70 20 the person Who shall discharEe
the & tstaes Al sach receiver. In our opin-
SON sss decision of this matter II by our
plasnse committed TO the DISCRETION Of the
suressos court aud from bis ascision
Tbs opinion IL by Justice Hoyt. and
Dunhsr, chief justice. and Judges Andsrs
end scett concur. Judge Stiles differs -
folloeE
II roscur In the result In this case. but
en- uaasle TO agree that the matter Of the
rersaanel nj receivars II in all cases COM
mittad 20 the discretion Of the court and
that M appeal viii Ito in any case. In
case Of IN abuse Of that discretion. l
zee nss reason Why an appeal should not
lie ~ In any other case Of abuse Of discre-
sIon. aid vhero the statute prohibits the
oprosntmene Of certain persons. ~ in the
aets II 1als. chapter l37. In my judgment
there must be . right Of appeal
In the case Of Walter ID. Mcbride.
pIairsin and appellant. VS.. City Of Monte
sano. respondent. the supreme court holds
that appellant was entitled TO have de-
murtsr to his complaint overYuled and the
iudcstent IL reversed and cause remanded
Tor that purpose and tor further procsed
ings. Suit was instituted in the
supestor court III Chehalis on MAY
2 Sos. by Walter d. McBryde
taxpayer Of Montssano. to restrain
she issue OF $1,000 NEGOTIABLE
old ssstts and IS 900 70 purchase fire ap
paratas and lot Of land for the erection
OF a aisy Jail. The grounds Of com
plains sere tina; the city would thereby
exceed Che legal limit Of indebtedness. De
fcndelts filed general demurrer on the
groa,sd that the complaint did not state
facts sufficient to constitute = cause o
acsloE with the result - stated In tho fore
goina,
STATE ax rel. J. NJ. Arthur Machinery
Cmorany. reiator. W. Superior Court o.
SncEssnsish County. ct al. respondents
Reiazpr seeks the interference Of the su
prems court by writ of prohibition against
the ssperior court Of Snohomish county Il
prevent receiver In . certain case from
tskins possession OF property levied upon
hv stss sheriff under REALTORS attachment
The supreme court grants writ q
the sxsent Of prohibiting respondent
from Interfering with property In thu
hange III the sheriff.
The petition asking that the writ be er
tended SO cover all proposed actions Of ths
reeetser In taking possession OF othel
property Is denied.
Le9is NJ. Smith. by Knut Smith. hi,
gnasssta,. vs.. john Arthur, Of Kins
county Judgment affirmed.
A. T. Osborn vs.. James Dolan. OF Che
hats eoantv~-Jadgment reversed ane
cause remansiei for new trial.