42 Wash. 409 | Wash. | 1906
— This was an action in the nature of a quo warranto proceeding, brought in the name of the state, to enjoin the corporate acts of the defendant companies, and to declara void their charters and all fish licenses and locations claimed by them, or by any one- holding by or under them, for various unlawful and wrongful acts and omissions complained of, which, with the view we take of, the law, it is not necessary to particularly specify here. In addition to the various allegations aforesaid, which included the allegation that the defendants had fraudulently possessed themselves of more fishing locations than they were entitled to- under the law, to the detriment of the relators> who- had taken out fishing licenses, it was alleged, that on or about the 17th day
Certain portions of the complaint were striken on motion of the defendants’ attorneys, and a demurrer was then interposed to the information, which was sustained by the court. The demurrer was to the effect that the court had no jurisdiction either of the defendants or of the subject-matter of the action;-that the plaintiffs had no legal capacity to sue; that there was a defect of parties plaintiff; that the complaint did not state facts sufficient to constitute a cause of action; that there was a defect of parties defendant. The record is silent as to what ground the demurrer was sustained upon. It was presumably upon the ground that the court had mo jurisdiction for the reason that the action was not brought by the prosecuting attorney.
We will not enter into a discussion of the many questions raised in the respective briefs of counsel, for the reason that mo interest is alleged hy the relators in the franchises or corporation which is the subject of the information, and the action for the revoking of the franchises of the corporation should have been brought on the relation of the prosecuting attorney. This court has decided this question in the case of Mills v. State ex rel. Smith, 2 Wash. 566, 27 Pac. 560, where it was held that the legislature had looked out for the interest of the public by providing that the information should be filed by the prosecuting attorney, and that the private interests were provided for in the latter part of § 703, Bal. Code, in the clause, “or by any other person, on his own rela