49 Wash. 203 | Wash. | 1908
This is an original application in this court for a writ of review, directed to the superior court of Pierce county and to the Honorable Miles L. Clifford, a judge thereof. The affidavit in support of the application shows that the petitioner was, on the 10th day of January, 1908, the owner of a leasehold interest in the lands upon which a certain described house was situate; that the house was in the possession of a tenant of the petitioner for an indefinite period, with monthly periodical reservations of rent payable at the expiration of each month; that desiring to terminate the tenancy at the expiration of the month of January, 1908, the petitioner gave notice in writing to that effect on the 10th day of that month; that, possession not having been yielded in
. It is well settled in this state that the relator is not entitled to the writ of review if it has an adequate remedy by appeal. It is contended that, after the writ of restitution has been issued and executed pending the suit, it is not contemplated by the statute that it may be quashed or otherwise disturbed until the final determination of the action; that the bond given on the issuance of the writ is intended to provide full compensation in the event the writ is wrongfully sued out, and that it follows that the court exceeded its jurisdiction when it quashed the writ. The writ of review will not, however, be issued in all cases where the court has exceeded its jurisdiction. It will be issued only in cases where there is no appeal or where, in the judgment of the court, there is not any plain, speedy, and adequate remedy at law. The relator has the remedy of appeal, since the order attacked was one made in the course of the action and may be reviewed on appeal from the final judgment.
It is argued, however, that the remedy by appeal will not be adequate, for the reason that by the quashing of the writ
The writ is therefore denied.
Fullerton, Root, Crow, and Mount, JJ., concur.