State ex rel. Hackett v. Arnest

Citations

• 100 Wash. 286
• 170 P. 563
• 1918 Wash. LEXIS 721

Syllabus

<p>Mandamus — Proceedings — Service. Under Rem. Code, § 1025, providing that a writ of mandamus must be served in the same manner as a summons in a civil action, the copy of the writ need not be certified.</p> <p>Same—Proceedings-—-Defects. Incorrectly dating a writ of mandamus is immaterial, where the return day was correctly set out and the defendant could not have been misled.</p> <p>Same—Scope of Inquiry-—-Merits of Appeal. Upon application for a writ of mandamus in aid of appellate jurisdiction to compel a justice to certify a transcript of the proceedings, the merits of the appeal should not be tried out.</p> <p>Same—-To Courts—Compelling Transcript on Appeal. Upon appeal from a police court in a criminal proceeding, the duty to certify and transmit a transcript of the proceedings to the superior court is a purely ministerial act, which may be compelled by writ of mandate.</p>