State ex rel. Grady v. Lockhart

Citations

• 18 Wash. 531
• 52 P. 315
• 1898 Wash. LEXIS 595

Syllabus

<p>WRIT OF REVIEW TO JUSTICE OF THE PEACE — SCOPE OF SUPERIOR COURT’S JUDGMENT—VACATION OF JUDGMENT-^ GROUNDS.</p> <p>Where the action of a justice of the peace in denying a motion for a change of venue is brought before the superior court by the issuance of a writ of review, it is error for the superior court to give judgment upon any other question than the alleged, error of the justice in not granting the change of venue.</p> <p>A petition for a. writ of review does not state facts sufficient to warrant its issuance, when it does not appear from the facts alleged in the petition that the defendant has a meritorious defense to the action and that injury would result to him, if the case were allowed to proceed; for this purpose a general allegation of resulting injury is not sufficient, but the facts' must be stated so that the court, in the exercise of its discretion, may properly determine whether injury would follow the action complained of.</p> <p>The action of a court in vacating its judgment is erroneous, when the only ground therefor was that it had not come into possession of plaintiff’s brief prior to the time when judgment was rendered.</p>