State ex rel. Merrill v. Superior Court

Citations

• 80 Wash. 109

Syllabus

<p>Appeal—Jurisdiction—Right to Determine—Prohibition. Prohibition lies to prevent issuance of an execution upon a judgment pending appeal, about to be issued on the ground that notice of appeal was not given in time; since the supreme court alone has jurisdiction to determine the sufficiency of the appeal, under Rem. & Bal. Code, §§ 1731 and 1733, providing that, upon the taking of an appeal, the supreme court shall acquire jurisdiction for all necessary purposes and shall control the superior courts in all matters pertaining to the appeal, and may dismiss an appeal for want of jurisdiction or insufficiency of the notice or proceedings.</p>