(Download) "Newman V. Schlarb" by Supreme Court of Washington * Book PDF Kindle ePub Free
eBook details
- Title: Newman V. Schlarb
- Author : Supreme Court of Washington
- Release Date : January 18, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This action was brought by eight elective officers of Pierce county against the county commissioners of that county to compel the latter to eliminate from their preliminary annual budget any estimate for school purposes for the year 1936. An order was issued by the court temporarily restraining the commissioners from adopting and publishing the proposed preliminary budget and directing them to show cause why the order should not be made permanent. The state board of education, the superintendent of schools of Pierce county, and two school districts of Pierce county intervened, aligning themselves with the defendant county commissioners. The defendants and the interveners interposed separate demurrers to the affidavit which formed the basis of plaintiffs' complaint. After argument thereon, the demurrers were overruled, and, the demurrants electing to stand on their demurrers and refusing to plead further, the court entered judgment enjoining the county commissioners from making any levy for school purposes. The judgment was predicated on the sole ground that the statute under which it was proposed to make such levy was unconstitutional. From this judgment, the defendants and interveners have appealed. Upon the appeal we have, in addition to the briefs of the litigant parties, the brief of the prosecuting attorney of King county and his deputies, as amici curiae, espousing the cause of respondents, and the briefs of attorneys representing the Association of First Class School Districts of Washington, who, as amici curiae align themselves with the appellants.
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