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· 8/5/1913

State ex rel. Langley v. Superior Court

Citations

  • 74 Wash. 556
  • 134 P. 173
  • 1913 Wash. LEXIS 2091

Syllabus

<p>Appeal — Decision—Law of Case. The supreme court will not grant a writ of mandate to secure the vacation of orders requiring new parties to be brought in, and to compel the entry of judgment for plaintiff, sought on the ground that the orders deprive the plaintiff of substantial rights which cannot be reviewed on appeal, where plaintiff’s application for a writ of certiorari to review the orders had been denied on the ground that there was an adequate remedy by appeal from the final judgment; since that decision became the law of the case.</p> <p>Mandamus — When Lies — Remedy by Appeal. The writ of mandamus cannot be used to perform the office of an appear to review judicial action.</p> <p>Mandamus — Application—Time to Sue. An application for a writ of mandamus to secure the vacation of erroneous orders and the entry of a final judgment is not timely, and will be denied when not made until after the expiration of the time limited for taking an appeal from the orders.</p>

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