McEneaney v. Dart

Citations

• 9 Wash. 682
• 38 P. 764
• 1894 Wash. LEXIS 388

Syllabus

<p>CERTIORARI TO JUSTICE — JUDGMENT ON MERITS IN SUPERIOR COURT.</p> <p>Under §§1635, 1638, Code Proc., the superior court may, upon the trial of certiorari proceedings from a justice’s court, either provide for atrial upon the merits in the superior court or remand the cause for such purpose to the justice’s court; but where the judgment rendered by the justice has been vacated by him the superior court cannot, upon certiorari, set aside the order vacating the judgment and affirm the judgment originally rendered by the justice, so as to cut off the other party from a trial upon the merits.</p>