State ex rel. Ferguson v. Grady

Citations

• 71 Wash. 1
• 127 P. 305
• 1912 Wash. LEXIS 680

Syllabus

<p>Appeal — Supersedeas—Injunction. Rem. & Bal. Code, § 1723, providing for a supersedeas on appeal from a final judgment in a cause wherein a “temporary injunction has been granted,” does not authorize a supersedeas, where a temporary restraining order was issued without notice until a hearing could be had, and upon an order to show cause why a temporary injunction should not issue, the parties appeared and agreed to an early trial on the merits, and a continuance was had upon the application for the injunction pendente lite, leaving the restraining order in statu quo, and after trial, final judgment was entered dismissing the case, and no injunction was issued and no agreement made that the restraining order should stand as a temporary injunction.</p> <p>Mandamus — Proceedings—Burden of Proof. Upon application to the supreme court for a writ of mandamus, the applicant has the burden of proof, if the facts are denied, and must fail where he stands upon allegations put in issue without asking for a reference to determine the facts.</p>