State ex rel. Eureka Cedar Lumber & Shingle Co. v. Superior Court

Citations

• 107 Wash. 620
• 182 P. 607
• 1919 Wash. LEXIS 801

Syllabus

<p>Prohibition (11)—Review—Errors and Irregularities. Upon application for a writ of prohibition to prevent the discharge of a vessel by substituting a bond in lieu thereof for the protection of lien claimants, the supreme court will not consider errors of-the trial court in fixing the amount of the bond or other security for the payment of claims or receiver’s and attorney’s fees and disbursement, since they are merely errors occurring in the exercise of jurisdiction that may be corrected by appeal.</p> <p>Maritime Liens (12-16)—Enforcement—Substitution of Bond. The court, in virtue of its inherent equity power, has jurisdiction, in a pending action to foreclose liens for the construction of a ship, to release the property and substitute therefor a deposit of money or a bond; the statute, Rem. Code, § 1182, simply providing that the liens may be foreclosed in a civil action, and being silent as to the matter of substitution of security.</p>