255 P. 1026 | Wash. | 1927
This is an original application for a writ of prohibition, on the relation of L.J. Tefft. Heretofore this court affirmed a judgment of the superior court requiring him to make conveyances of real property he held in trust for those whose estates were being administered in this case by the superior court through a receiver. Elsom v. Tefft,
[1] On behalf of the relator, attempt has been made to inject into the case things pertinent only to the merits, as though the case were here on appeal. No appeal has been taken, so far as the record shows. The only question properly before us is the question of procedure of the trial court. Counsel for the relator treats the case as one of contempt — that is, criminal contempt — and asserts that the procedure provided for such cases has not been substantially followed. In this we think counsel is in error. It is not a contempt proceeding in that sense of the term, but it is a proceeding in a court of equity in aid of its original jurisdiction, in which the court is seeking to enforce its original decree or judgment. The last order, now objected to by the relator, in no way changed the nature of the proceeding from one of equitable to one of criminal cognizance. The practice followed by the trial court is provided for by statute and has been recognized by this court. Wright v. Suydam,
Writ denied. *679
