State ex rel. Cleek v. Tallman

Citations

• 38 Wash. 132
• 80 P. 272
• 1905 Wash. LEXIS 1132

Syllabus

<p>Prohibition—When Lies—To Prevent Vacation op Judgment—• Remedy by Appeal. Prohibition does not lie to prevent the vacation of an assessment lien judgment and the foreclosure sale thereunder, since, if the order of vacation finally affects substantial rights, there is an adequate remedy by appeal, and if it does not the relator is not entitled to the writ.</p> <p>Same—Cessation op Controversy—Litigation op Costs. Where an appeal from an order vacating a judgment will not lie because the controversy has ceased to exist, except as to the matter of costs, a writ of prohibition will not issue to prevent the vacation of the judgment, since the writ will not run to indirectly give the court jurisdiction to try an issue which it has no jurisdiction to try on appeal.</p>