State ex rel. Russell v. Superior Court

Citations

• 113 Wash. 253
• 193 P. 678
• 1920 Wash. LEXIS 821

Syllabus

<p>Venue (23) — Waiver of Change — Meeting Issue of Counter-Affidavits. Defendants’ demand for a change of venue to the county of their residence, as a matter of right, is waived where, instead of insisting thereon, they presented to the court an issue as to the convenience of witnesses, raised by plaintiff’s affidavits and counter-affidavits by the defendants, that being the only issue submitted or decided.</p> <p>Prohibition (37) — To Courts — Return—Conclusiveness. In an application to the supreme court for a writ of prohibition to the superior court to prevent further proceedings in a cause, the judge’s return as to what occurred at the hearing is conclusive, where the witnesses are equally divided and reputable.</p>