State ex rel. Keasal v. Superior Court

Citations

• 76 Wash. 291
• 136 P. 147
• 1913 Wash. LEXIS 1811

Syllabus

<p>Certiorari — When Lies — Inadequacy op Remedy by Appeal — Executors and Administrators — Appointment—Review. Tbe remedy by appeal is inadequate and certiorari lies to review an order refusing to appoint an administrator of partnership property, where it appears that the time for performance of the contract by which the partnership was formed will expire, and the six months limited by Rem. & Bal. Code, § 1438, for the administration of partnership estates will have elapsed, before an appeal can be heard.</p> <p>Courts — Jurisdiction—Powers in Probate op Courts op General Jurisdiction. Const., art. 4, § 6, conferring original jurisdiction upon the superior courts generally of all matters of probate, together with Rem. & Bal. Code, § 1278 enumerating the powers to be exercised, merely throws probate matters into the aggregate jurisdiction of the superior courts without limiting the general jurisdiction of superior courts, when sitting in probate, to exclusively probate proceedings.</p> <p>Executobs and Administbatobs — Appointment — Pabtnebship Pbopebtt — Jurisdiction to Detebmine Pabtnebship. Under Rem. & Bal. Code, §§ 1436-1438, conferring upon the surviving partner the right to administer the partnership estate, and providing that, if he be not appointed, the general administrator shall give an additional bond and administer the estate, upon petition by a surviving partner for letters of administration upon the partnership estate, the superior court, sitting in probate, has jurisdiction to determine the fact of partnership, and make the appointment, even though the partnership be denied by the general administrator.</p> <p>Same — Time fob Application. Rem. & Bal. Code, § 1437, requiring a surviving partner to apply for letters of administration upon the partnership estate within five days from the filing of the inventory, merely fixes a limit within which the application may be made and does not prohibit consideration of an application made before the filing of t