30 Wash. 232 | Wash. | 1902
The opinion of the court was delivered by
This is an application for a writ of prohibition. The facts are these: One C. L. Haggard brought an action in the superior court of King county against the relator to recover upon a promissory note and to foreclose a chattel mortgage given to secure the same. After the commencement of the action the plaintiff applied to the court for the appointment of a receiver to take charge of the mortgaged property pending the action, which application the court, after notice and hearing had thereon, duly granted. From this order the relator appealed to this court, giving a bond in the sum of two hundred dollars, conditioned that the appellant would pay all costs and damages that should be awarded against him on the appeal, or on the dismissal thereof, not exceeding the amount of the penalty. Thereafter the plaintiff applied to the court for an order directing the receiver to sell the mortgaged property, and it is to prevent the court from proceeding with a hearing upon the application that this writ is sought.
The application is denied.
Rea vis, O. J., and Mount, Dunbar and Anders, JJ., concur.