95 Wash. 447 | Wash. | 1917
The relators seek a writ to prohibit the superior court of Spokane county from entering a judgment in an unlawful detainer action.
The facts upon which the writ is sought may be briefly stated as follows: The relators are tenants of certain real estate in Spokane county belonging to Ida A. Waterman. They have erected a building upon the leased premises. The stipulated rent thereon had not been paid for the months of February, March, April, May, and June, of the year 1916. On the 15th day of July of that year, the relators had closed their residence in the city of Spokane and moved to their summer residence in Idaho. Mr. Robertson, one of the relators, was, at that time, on an extended trip east. On the last named date, Ida A. Waterman, the owner of the prem
It is contended by the relators that no sufficient service of the notice to quit was made upon them, and that, therefore, the trial court had no jurisdiction to enter a judgment against them in the unlawful detainer action. It. is not claimed that a proper service of summons was not made. It is apparent that the trial court had jurisdiction of the persons of the relators and of the property. The relators strenuously contend that the notice to pay rent or quit is necessary to give the court jurisdiction. It may be correct to say that, before an unlawful detainer action can be maintained, the notice to pay rent or quit must be served as required by statute, but the jurisdiction of the court to determine questions raised upon the trial of the unlawful detainer action does not depend upon the service of the notice to pay
This court has held in a long line of cases that, before an extraordinary writ of mandamus or prohibition will be entertained, it must appear that the court is not only acting without jurisdiction, but that there is no adequate remedy by appeal. State ex rel. Townsend Gas & Elec. Light Co. v. Superior Court, 20 Wash. 502, 55 Pac. 933; State ex rel. Carrau v. Superior Court, 30 Wash. 700, 71 Pac. 648; State ex rel. Miller v. Superior Court, 40 Wash. 555, 82 Pac. 875, 111 Am. St. 925, 2 L. R. A. (N. S.) 395; State ex rel. Calhoun v. Superior Court, 86 Wash. 492, 150 Pac. 1168, and a large number of cases intervening between those decisions.
It is apparent, from the admitted facts in this case, that the trial court not only had jurisdiction of the persons and of the subject-matter, but it is also apparent that there is an adequate remedy by appeal from the judgment which the court may render in the unlawful detainer action.
This court has issued extraordinary writs in cases where there was a want of jurisdiction, and in cases where there was no adequate remedy by appeal, but the rule of the court has been that the writ will not issue where the court is acting within its jurisdiction and there is a complete and adequate remedy by appeal, as there is in this case. It is, therefore,
The questions of fact presented upon the application for this writ may all be reviewed upon appeal from the judgment which may be entered in the unlaw.ful detainer action. The writ is therefore denied,
Ellis, C. J., Holcomb, and Parker, JJ., concur.