Harris v. Brooker

• Citation: 8 Wash. 138,35 P. 599
• Parties: HARRIS v. BROOKER, JUSTICE OF THE PEACE.
• Decision Date: 24 January 1894
• Court: United States State Supreme Court of Washington

35 P. 599

8 Wash. 138

HARRIS v. BROOKER, JUSTICE OF THE PEACE.

Supreme Court of Washington

January 24, 1894

Appeal from superior court, Yakima county; Carroll B. Graves, Judge.

Application by Hyman Harris for prohibition to Leroy Brooker, a justice of the peace. Writ granted, and Brooker appeals. Reversed.

MacKinnon & Murane, for appellant.

DUNBAR C.J.

The application for a writ of prohibition, which was issued by the superior court of Yakima county against the appellant in this case, was as follows: "Hyman Harris, of North Yakima, in the county of Yakima, being first duly sworn, says that he is the defendant in a suit now pending in the justice court of Leroy Brooker, one of the justices of the peace in and for Yakima county, state of Washington, in which Cole Brown and P. L. Zirkle are plaintiffs, and that he makes this affidavit for the purpose of procuring a writ of prohibition to be issued out of this court to the said Leroy Brooker Cole Brown, and P. L. Zirkle, to prohibit them, and each of them, from taking any proceedings in said case, under notice given by Leroy Brooker, justice as aforesaid, on the 8th day of July, 1893, to appear at the Wide Hollow schoolhouse on Saturday, July 15, 1893, to hear said case. Affiant further says that on June 9, 1893, said action was begun before J. O Clark, a justice of the peace, residing at North Yakima, and that, on the 17th day of June, the date set for the hearing of said case, defendant appeared and answered, and filed his motion for change of venue; that said case was accordingly transferred to the justice court of S. C. Henton one of the justices of the peace for Yakima county, residing at North Yakima; that on or about the 1st day of July, 1893 the plaintiffs, by their attorney, filed a motion for a change of venue; and that the case was accordingly transferred to the justice court of Leroy Brooker, before whom it is now pending. Wherefore he prays," etc. It is not necessary for the purposes of this case to determine the question whether Justice of the Peace Brooker had jurisdiction of the case, or whether the appellant had a remedy by appeal; for, in our judgment, the facts set forth in the petition are not sufficient to warrant the issue of the writ. It is nowhere alleged in the petition what action the court was about to take in the premises, or, if the court was threatening to take any action whatever, that the petitioner would be...