18 Wash. 509 | Wash. | 1898
The opinion of the court was delivered by
The respondent was charged in the municipal court of the city of Seattle with violating section one of ordinance Ho. 3529 of said city, entitled, “An ordinance to define who are disorderly persons, to provide a punishment therefor, and repealing ordinance Ho. 1818 and ordinance Ho. 2360.” Section two of the ^ordinance is as follows:
“Every person enumerated and described in section one of this ordinance is a disorderly person and shall be deemed guilty of a misdemeanor, and upon conviction shall be' punished by a fine not exceeding $500, or imprisonment in the city jail for any time not exceeding one year.”
Respondent was convicted and sentenced to thirty days imprisonment in the city jail, and to pay a fine of $75. Thereafter he made application to the superior court of King county for a writ of review. The writ issued and was directed to the judge of the municipal court. The appellant
“A writ of review shall be granted by any court, except a police or justice court, when an inferior tribunal, board or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, or one acting illegally, or to correct any erroneous or void proceeding, or a proceeding not according to the course of the common law, and there is no appeal, nor in the judgment of the court, any plain, speedy and adequate remedy at law.”
“It is a general rule that certiordri will not lie to review the proceedings of inferior courts or officers where a remedy by appeal, writ of error, or other mode of review, is given by statute.” Gregory v. Dixon, 7 Wash. 27 (34 Pac. 212).
See, also, State ex rel. Reser v. Superior Court, 13 Wash. 25 (42 Pac. 630). Respondent’s remedy was by appeal and not by writ of review, and on the authority of the above cited cases the judgment must be reversed and the cause remanded with directions to the superior court to quash the writ.
Soott, O. I., and Duebab, Aedebs and Reavis, JJ., concur.