Porter v. Smith

Washington Territory

Decided July 15, 1879

Washington Territory · decided 1879-07-15

<p>Error to the Third Judicial District holding terms at Seattle.</p>

Motion to dismiss · Decided 1879-07-15

¶1Opinion by

Greene, Chief Justice.

¶2We think no writ of error issuing out of this court is necessary.

¶3This motion must therefore be denied.

¶4Opinion by

Wingard, Associate Justice.

¶5Taking the words “ writ of error” in the Organic Act to mean suit in error, for which there is both reason and authority, as well as for other considerations suggested by my brothers. I am led to the conclusion that in the spirit of the code, a formal writ of error would he supererogation, and therefore unnecessary.