State ex rel. J. F. Hart Lumber Co. v. Superior Court
Citations
- 16 Wash. 347
- 47 P. 754
- 1897 Wash. LEXIS 318
Syllabus
<p>PROHIBITION, WRIT OP — OPERATION OP WRIT — CHANGED CONDITIONS.</p> <p>Where, pending a hearing upon an application for a writ of prohibition to restrain the superior court from bringing an action to trial before an illegal jury, who are disqualified in consequence of having served as jurors within the preceding year, the court dismisses such jury subsequent to the issuance of the alternative writ and brings the action to trial before another jury, to which the same objection cannot be urged, there is nothing for a writ of prohibition to operate upon, and the applicant is not entitled to a peremptory writ.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “If the evidence is conflicting, or will admit of different reasonable inferences, or if there is evidence tending to prove the issue, it should be submitted to the jury as a question of fact, and not taken from them and passed upon by the judge as a question of law.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Scott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.