# State ex rel. Case v. Superior Court

> Washington Supreme Court · September 21, 1914 · 81 Wash. 623

URL: https://www.frixlaw.com/law-library/cases/4733682

## Case

- **Full name:** The State of Washington, on the Relation of Lucy R. Case v. The Superior Court for Thurston County, Claypool, J., Defendants The State of Washington, on the Relation of I. M. Howell, Secretary of State v. The Superior Court for Thurston County, Claypool, J., Defendants The State of Washington, on the Relation of E. A. Sims v. The Superior Court for Thurston County, Mitchell, J., Defendants The State of Washington, on the Relation of Lucy R. Case v. The Superior Court for Thurston County, Mitchell, J., Defendants The State of Washington, on the Relation of Lucy R.Case v. The Superior Court for Thurston County, Claypool, J.
- **Court:** Washington Supreme Court
- **Decided:** September 21, 1914
- **Citations:** 81 Wash. 623
- **Precedential status:** Published
- **Opinion:** Dissent by Main
- **Judges:** Chadwick, Gose, Main, Parker
- **Cited by:** 43 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/4733682

## Opinion text

Main, J.
(dissenting) — I am unable to concur with the view expressed in the majority opinion that the finding of the local certifying officer is final and conclusive and not subject to review. What may be the scope of the power of the secretary of state is not involved in these cases. The causes are here for review upon judgments of the superior court. When either the proponents or the opponents of a measure are dissatisfied with the action of the secretary of state, they may bring the matter before the superior court for a trial and determination. Upon this trial the court has the power to determine all questions of law and fact that may arise, the same as in any other action. The statute provides that, by certiorari, the judgment of the superior court may.be reviewed by this court. To determine the questions presented upon the various measures which are involved would require a detailed examination of the record in each case. This would consume possibly a week’s time and unnecessarily delay the decision, since the majority opinion would prevail in any event.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4733682. Public record. Not legal advice.