State ex rel. Kiggins v. Hadley

Citations

• 104 Wash. 648
• 177 P. 655

Syllabus

<p>Judgment (36) — Default—Vacation—Discretion. The vacation of a default judgment rests in the discretion of the trial court, and it is not an abuse of discretion to vacate a default writ of prohibition if erroneously granted.</p> <p>Municipal Corporations (3330 — Violation of Ordinance — Jurisdiction — Police Court — -Venue. Rem. Code, § 1756, requiring actions to be brought in justice court in the city or town where one or more of the defendants reside has no application to a prosecution for the violation of an ordinance of a city of the third class, jurisdiction of which is exclusively vested in the police judge of the city by Id., § 7671-29.</p> <p>Same (333) — Jurisdiction—Police Court — Continuance. A police judge in cities of the third class does not lose jurisdiction of a criminal proceeding for the violation of a city ordinance by a continuance for more than sixty days, under Rem. Code, § 1847, which applies only to civil actions; in view of the fact that Rem. & Bal. Code, § 7700, providing that proceedings before police justices shall be governed by general laws was expressly repealed by Rem. Code, § 7671-35, conferring exclusive jurisdiction upon police justices in such cases.</p>