102 Wash. 215 | Wash. | 1918
In the city of Tacoma, two adjoining shipyards are being operated, one by the relator, and one by George P. Wright. Wright instituted an action of unlawful detainer, or forcible entry and detainer, against the relator in the superior court for Pierce county, alleging that the relator had entered upon a portion of the Wright premises and had refused to remove therefrom, and praying that the premises be restored to him, and for double damages for the wrongful possession thereof. To this complaint the relator demurred, and subsequently, permission having been obtained,-Wright filed in the same action an amended complaint in which he sought to require the
The question for consideration in this case is: Can a person, having begun an action of unlawful detainer or forcible entry and detainer, subsequently, by filing an amended complaint, change that action over the objection of the defendant, proceed with the new action as an equitable one, and have entered a decree in ■equity?
The action of unlawful detainer, or forcible entry and detainer, is a special statutory summary proceeding in derogation of the common law, and, to confer jurisdiction upon the court, each step provided by the statute must be strictly complied with. Big Bend Land Co. v. Huston, 98 Wash. 640, 168 Pac. 470. The relator having been brought into court under a special summons and compelled to defend against a special proceeding, the court obtained jurisdiction of him for a special purpose only, namely, to determine the issue in an unlawful detainer or forcible entry and detainer
The' court never having had jurisdiction of the relator for any purpose other than to determine the issues in an unlawful detainer or forcible entry and detainer action, it follows that the court was without power to proceed in and determine an equitable action and could not grant injunctive relief,' hence the writ must issue.
It is so ordered.
Chadwick, Parker, Fullerton, and Webster, JJ., concur.
Ellis, C. J., took no part.