State ex rel. Lilly v. Brawley

Citations

• 104 Wash. 374
• 176 P. 337

Syllabus

<p>Certiorari (3) — Remedy by Appeal. Certiorari does not lie to review or supersede an order vacating or refusing a temporary-restraining order where there was no finding of insolvency, since appeal from such an order is expressly forbidden by Rem. Code, § 1716.</p> <p>Same (3, 4) — Adequacy oe Remedy by Appeal. Upon breach of a contract to sell seed of special quality to a seed company, the damage which may result from the seed’s being marketed by others is incidental only to the loss of profit, and too remote to call into action the extraordinary writ of certiorari to secure injunctive relief, in the absence of a finding of insolvency of the defendant.</p>