State ex rel. McClaskey v. Superior Court

Citations

• 115 Wash. 354
• 197 P. 30
• 1921 Wash. LEXIS 732

Syllabus

<p>Dismissal and Nonsuit (5)—-Voluntary—Affirmative Relief by Defendant. A plaintiff cannot voluntarily dismiss an action for a divorce after his wife has appeared and asked affirmative relief for suit money and attorney’s fees.</p> <p>Prohibition (4, 21) —Remedy by Appeal— Grounds for Relief-Jurisdiction. Where the superior court acquires jurisdiction of a divorce action and is not divested hy proper process authorized hy statute, prohibition will not lie to restrain the unlawful exercise of jurisdiction, since the injured party has an adequate remedy hy appeal.</p>