4 Wash. 651 | Wash. | 1892
Lead Opinion
The opinion of the court was delivered by
The application for the alternative writ of mandamus must be denied, for two reasons: First, Because it does not appear from the papers upon which the application is founded, that anything will be gained by its issuance. From such papers it appears that action is required of the court when sitting as such in the county of Lewis. It further appears that the judge will not be holding court in that county again until the October session thereof, and hence could not proceed in obedience to the alternative writ, or the peremptory one which might b©
It does not affirmatively appear from said application that the court was ever asked to simply enter the default of the defendant. Mandamus will not issue to compel action on the part of an inferior court until it is made clearly to appear to this court that such inferior court has been regularly and properly moved to take the required action, and has unwarrantably refused to act. And, further, that the issuance of such writ will probably result in some substantial benefit to the party moving for it.
Anders, C. J., and Scott and Stiles, JJ., concur.
Dissenting Opinion
(dissenting). — I dissent. I think the application shows that the court was asked to enter default against the defendant. The plaintiff was entitled to his de