State ex rel. Scougale v. Superior Court

Citations

• 55 Wash. 328
• 104 P. 607
• 1909 Wash. LEXIS 756

Syllabus

<p>Mandamus — When Lies — Change op Venue — Remedy by Appeal. The remedy by appeal is inadequate, and mandamus lie's to correct an improper change of venue; since the supreme court cannot assume that jurisdiction will be assumed in the wrong county; nor on appeal from a judgment in such county, direct a trial in the proper county.</p> <p>Venue — Change—Transitory Action. An action to establish and enforce a trust in real and personal property is transitory, as the decree acts in personam, and the venue is properly changed to the county of defendants’ residence.</p>