State ex rel. McGlothern v. Superior Court

Citations

• 112 Wash. 501
• 192 P. 937
• 1920 Wash. LEXIS 765

Syllabus

<p>Prohibition- (9, 20)—When Lies—Jurisdiction—Preventing Further Proceedings—-Injunction. Since, under'Rem. Code, §§1027, 1028, a writ of prohibition will not issue unless the trial court is proceeding without or in excess of jurisdiction, and then only where there is no adequate remedy either by appeal or by writ of error, the supreme court will not grant the writ to prohibit the superior court from hearing a motion to vacate a temporary injunction, though entered by consent of defendant and under circumstances that estop it from having it dissolved; since the court, having jurisdiction of the subject-matter and the parties, had jurisdiction to make an order in the premises, which order, if not appealable, is reviewable by certiorari.</p>