State ex rel. Huston v. Big Bend Land Co.

Citations

• 100 Wash. 425

Syllabus

<p>Appeal and Error—Decision—Remittitur—Restitution—Forcible Entrt and Detainer. Where, upon appeal, in an action of forcible entry and detainer, the lower court is found without jurisdiction, and the action ordered dismissed for that reason, the lower court has no power after remittitur to enter an order of restitution, requiring the plaintiff to restore possession which he had unlawfully taken under the writ.</p> <p>Appeal — Remand — Recalling Remittiturs — Jurisdiction — Waiver. Upon special appearance attacking jurisdiction in forcible entry and detainer, a remittitur on appeal directing a dismissal for want of jurisdiction will not be recalled to change the decision to one on the merits, on the ground that defendant’s objection to the jurisdiction was waived, after the decision on appeal, by a motion for restitution.</p>