16 Wash. 350 | Wash. | 1897
The opinion of the court was delivered by
This is an application for a writ of mandate to compel the respondent to proceed with the trial of a cause in the superior court of Spokane county, in which the relator is plaintiff and Laura Wolferman et al. are defendants. An alternative writ was directed to issue, and the matter is now before us upon the return of the respondent thereto. Upon the showing made by the relator, it appears that he is the owner of a judgment which he claims is a lien upon certain lands owned by, or in which, the defendants have an interest; that at the time said judgment lien attached, said lands were subject to a mortgage, which also included other lands, but that the particular lands in controversy were afterwards released from the lien of said mortgage, whereby it is claimed that the judgment lien of the relator became a prior lien on said lands. Thereafter, the mortgage was foreclosed upon all the lands, not excepting that part claimed to have been released, but the relator was not made a party to said action, which was before this court in various ways upon several different occasions. Wolferman v. Bell, 6 Wash. 84 (32 Pac. 1017, 36 Am. St. Rep. 126); State ex rel. Wolferman v. Superior Court, 7 Wash. 234 (34 Pac. 930); Wolferman v. Bell, 8 Wash. 141 (35 Pac. 603); State ex rel. Wolferman v. Superior Court, 8 Wash. 591 (36 Pac. 443).
It appears from the return that the respondent refused to proceed with the trial of said cause after the
The usual order will be made imposing costs herein on the defendants in the action aforesaid, they being the interested and resisting parties here.
Dunbar and Reavis, JJ., concur.