State ex rel. Prudential Savings & Loan Ass'n v. Martin

Citations

• 101 Wash. 350
• 172 P. 349
• 1918 Wash. LEXIS 840

Syllabus

<p>Mandamus—Alternative Writ—Eorm—Sufficiency. Rem. Code, § 1016, prescribing tbe substance and not any particular form for an alternative writ of mandate, is complied with where the writ gives notice that it was issued by a court of competent jurisdiction and notifies the party of the exact thing to be done, or in the alternative that he show cause at a certain time and place why he has not done it.</p> <p>Same. An objection that an alternative writ of mandate did not run in the name of the state is met by the fact that it bears the title of the court and cause, which was “State of Washington on the relation,” etc.</p> <p>Same—Form—Seal of Court. An alternative writ of mandate cannot be objected to for want of the seal of the court, where the copy served was a certified copy bearing the seal of the court.</p> <p>Same — Foem — Sufficiency. An alternative writ of mandate signed by one of the judges of the court, reciting that it was “Done in open court,” etc., cannot be objected to as being merely an order of a particular judge and not the process of the court.</p>