# City of Seattle v. Cottin

> Washington Supreme Court · August 9, 1927 · 144 Wash. 572

URL: https://www.frixlaw.com/law-library/cases/3995817

## Case

- **Full name:** The City of Seattle, Respondent, v. A. F. Cottin, Appellant
- **Court:** Washington Supreme Court
- **Decided:** August 9, 1927
- **Citations:** 144 Wash. 572; 258 P. 520; 1927 Wash. LEXIS 823
- **Precedential status:** Published
- **Opinion:** Dissent by Tolman
- **Judges:** Holcomb, Tolman
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3995817

## Opinion text

Tolman, J.
(dissenting) — This is a prosecution under the city ordinance, not under the state law. While a city ordinance may not go beyond the state law and make unlawful that which the legislature has not made so, yet it may extend only to certain things and leave uncovered other things which the state law forbids. Therefore, the question here is, did the appellant violate the city ordinance?
The majority wisely refrains from saying that one permitted by state law to treat disease may be forbidden to do so by city
ordinance;
and, in my judgment, no such holding could be justified. I therefore dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3995817. Public record. Not legal advice.
