7 Wash. 234 | Wash. | 1893
The opinion of the court was delivered by
This is an application for a writ of prohibition to restrain said court from entertaining or proceeding with a petition to modify a judgment and decree theretofoi’e rendered in an action by Laura Wolferman, as administratrix, etc., against Harry C. Bell, Belle Bell et al.
Said action was brought in said court to foreclose a certain mortgage, and a decree was rendered in favor of plaintiff and against defendants therein, whereupon the defendants appealed said cause to this court and judgment was here rendered affirming the decree of the lower court. 6 Wash. 84 (32 Pac. Rep. 1017).
Subsequently said Harry C. Bell and Belle Bell filed a petition in said superior court praying that they be allowed to introduce and set up in said action a release of a part of said mortgaged lands upon which said decree operated and a payment of §300 therefor, which they failed to introduce at the trial of said action and which failure is sought to be excused in said petition. And further prayed that the de
An appeal of an equity cause here brings up the entire case for a trial de novo in this court upon questions of both law and fact. The judgment rendered here is final and conclusive, and when remanded to the lower court, such court has no further authority or power in the premises than to proceed to execute it according to the decision rendered here. And the affirmance of the judgment of the superior court in said cause made it as much the judgment of this court as if a new judgment had been rendered. It is certainly questionable, and we very much doubt whether the superior court has authority to entertain any such petition in a law action, even, where an appeal has been taken to this court and a judgment rendered finally disposing of the case. However this may be, we are clearly of the opinion that in an equity cause it has no such jurisdiction, and that all such applications must be made here. See Ex parte
It is, therefore, directed that a writ of prohibition issue herein as prayed for, and that the relator recover her costs in this proceeding of said Harry C. Bell and Belle Bell.
Dunbar, C. J., and Hoyt, Anders and Stiles, JJ., concur.