State ex rel. Prentice v. Superior Court

Citations

• 86 Wash. 90

Syllabus

<p>Prohibition — To Courts — Grounds — Jurisdiction. Prohibition does not lie to prevent the superior court from entering judgment where it has jurisdiction of the subject-matter of the action and there is an adequate remedy by appeal or writ of error; but. only where the court is proceeding or threatening to proceed without or in excess of jurisdiction.</p> <p>Courts — Supreme Court — Original Jurisdiction — 'Prohibition— Amount in Controversy. The supreme court has no jurisdiction to control, by writ of prohibition, the superior court in an action in which the superior court has jurisdiction of the subject-matter, where the amount involved is less than $200, and the case does not fall within any of the exceptions to the limitation of the jurisdiction of the supreme court contained in Const., art. 4, § 4.</p> <p>Judgments — Vacation—Equitable Relief — Limitations. The superior court has jurisdiction, upon a proper showing, to grant relief in equity against a judgment, after the expiration of one- year from the date of its entry.</p> <p>Prohibition — To Courts — Grounds—Eeroneous Exeecise of Jurisdiction. Whether sufficient equitable grounds are stated in a cross-complaint for equitable relief against a judgment, or are shown by the evidence, are questions, in the first instance, within the jurisdiction of the trial court, reviewable only by appeal; hence prohibition does not lie to prevent such action as being beyond the jurisdiction of the court.</p> <p>Judgments — Res Judicata — Dismissal—Merits. The dismissal of an appeal upon the ground of cessation of the controversy, without passing on the merits or affirming the judgment, either in the opinion or in the remittitur, is not an affirmance of the judgment or an adoption of it so as to make it a judgment of the supreme court, or res judicata or immune from attack or interference in the lower court.</p>