State ex rel. Twigg v. Superior Court

Citations

• 34 Wash. 643
• 76 P. 282
• 1904 Wash. LEXIS 396

Syllabus

<p>Mortgages — Foreclosure-Pleading—Prayer of Complaint— Judgment for Deficiency. A deficiency judgment upon a mortgage foreclosure is authorized by a prayer in the complaint for judgment generally, for a foreclosure decree and sale, and further proper relief (Rogers v. Turner, 19 Wash. 399, followed).</p> <p>Prohibition — To Prevent Threatened Error • — • Remedy by Appeal — -Vacation of Judgment. Prohibition will not lie to prevent the threatened erroneous vacation of a judgment, where the same would be a final disposition of the case, since there is an adequate remedy by appeal.</p> <p>Appeal — Final Order — -Judgment — Vacation Because Not Authorized by Complaint — Order After Mortgage Foreclosure Sale — Appealable as Affecting Substantial Right. Where, upon a mortgage foreclosure, there is a sale of the property and a deficiency judgment entered, an order setting aside the deficiency judgment on the ground that it was not authorized by the prayer of the complaint would be a final disposition of that part of the case, and appealable as affecting a substantial right, under Bal. Code, § 6500, subd. 1.</p>