11 Wash. 111 | Wash. | 1895
The opinion of the court was delivered by
In November, 1894, a petition was filed in the superior court of King county by, or on behalf
Such petition was duly verified, and was supported by the affidavit of A. K. Shay; and founded thereon the court made an order that said Aaron Baldwin he required to produce the will of said Lena Shay Bald
Writs of this kind are only, issued to inferior courts when they are proceeding without, or in excess of, their jurisdiction. Hence, it is only necessary for us to determine as to whether or not the superior court of King county would have jurisdiction to proceed with the administration of the estate of said Lena Shay Baldwin,, upon any state of facts which such court would be warranted in finding from the proofs offered or to be offered in the proceeding. If the jurisdiction depends upon a question of fact, the court in which such question is presented must be allowed to determine
It follows that the only question which we are called upon to decide is as to whether or not the superior court could, upon the papers before it, find that said Lena Shay Baldwin was, at'the time of her death, a resident of the city of Seattle. Such residence is directly alleged in the petition and denied in the affidavits on the part of the relator, filed with his motion to set aside the order. Thus a question of fact was presented which the superior court was called upon to decide; and, though such fact related to the question of its jurisdiction, any error which it might commit in deciding it, would furnish reason for an appeal, but none whatever for the issue of a writ of prohibition. For the purposes of this proceeding it must be assumed that the superior court found as a fact that Lena Shay Baldwin, at the time of her death, was a resident of Seattle. By reason thereof the courts of King county had jurisdiction to administer her estate. If in such administration errors or irregularities are committed, the remedy by appeal is adequate for their correction.
The relator has argued that upon the undisputed facts the domicile of Lena Shay Baldwin, at the time of her death, was in the District of Columbia; and to sustain such argument, has sought to make a distinction between domicile and residence. In a technical and circumscribed meaning of such terms there may
If the superior court has found, or does find, as a fact, that Lena Shay Baldwin was at the time of her death a resident of Seattle, it has a right to proceed with the administration of her estate; and the remedy for such finding, if erroneous, is by appeal. Unless appealed from, such finding would become conclusive so far as the courts of this jurisdiction are concerned. In each jurisdiction the fact of residence must be decided, and such decision will be conclusive upon the
The relator questions the regularity of the service of the order upon him in the District of Columbia. It is only necessary to say in regard thereto that in what we have said no force has been given to such service. He also questions the form of the order. But in view of the fact that the court is proposing to do nothing thereunder except to proceed with the administration of the estate, the form of the order was immaterial.
Writ denied.
Anders, Scott, Gordon and Dunbar, JJ., concur.