State ex rel. Marshall v. Superior Court

Citations

• 119 Wash. 631
• 206 P. 362
• 1922 Wash. LEXIS 840

Syllabus

<p>Certiorari (6) — When Lies — Adequacy of Remedy by Appeal. Certiorari» lies to review an order denying a temporary injunction to restrain the destruction of a building by the. fire chief, since the remedy by appeal is inadequate because the building would be destroyed before an appeal would be heard.</p> <p>Appeal (380) — Review—On Appeals From Specific Orders. An appeal from an order denying a temporary injunction brings up for review the court’s refusal to make a finding of insolvency.</p> <p>Injunction (8) — Grounds for Relief — Insolvency of Defendant. In an action for an injunction to restrain the demolishing of a building by a city building inspector and fire chief, who were married and possessed of no separate property, the plaintiff is entitled to a finding that defendants were insolvent, in view of the grave doubt as to liability of their community estates for the acts about to be committed.</p> <p>Same (55, 56) — Right to Temporary Injunction — Irreparable Injury. Plaintiff is entitled to a temporary injunction against the threatened destruction of a wooden building in the fire limits, on account of its gradual deterioration through age, where there was no emergency or sudden casualty such as a fire, in view of the insolvency of the officers and the debatable nature of the liability of the city for their acts; and in view of the irreparable nature of the injury and the slight injury or inconvenience from temporarily delaying the destruction until the final disposition of the case.</p>