State v. Jurey

• Decision Date: 31 July 1919
• Docket Number: 15366.
• Citation: 182 P. 932,108 Wash. 44
• Court: Washington Supreme Court
• Parties: STATE ex rel. LUKETA et al. v. JUREY, Superior Court Judge.

182 P. 932

108 Wash. 44

STATE ex rel. LUKETA et al. v. JUREY, Superior Court Judge.

No. 15366.

Supreme Court of Washington

July 31, 1919

Department 1.

Original application for writ of mandamus by the State of Washington on the relation of Paul Luketa and another, against Hon. John S. Jurey, as Judge of the Superior Court of King County Wash. Writ denied.

Van C. Griffin and Benj. S. Ohnick, both of Seattle, for plaintiffs.

Piles &amp Halverstadt, of Seattle, and W. P. Bell, of Everett, for respondent.

MAIN J.

This is an original application in this court for a writ of mandamus. In the American Packing Co. v. Luketa, 98 Wash. 6 167 P. 87, the plaintiff brought an action in replevin to recover the possession of a fishing boat known as the Boston II. In that action, as originally instituted, Paul Luketa alone was named as a defendant. After the action had been begun Sam Luketa intervened, claiming to be the owner of an undivided one-half interest in the boat. After the issues were framed the cause went to trial and resulted in a judgment in favor of the plaintiff. From that judgment the defendant and intervener appealed. Upon the appeal the judgment was reversed, and the trial court was directed to enter a judgment in accordance with section 434, Remington's Code, which defines the kind of a judgment to be entered in a replevin action when the plaintiff does not prevail. The opinion gives no other or further direction.

After the remittitur was filed in the superior court the defendant and intervener proposed findings, conclusions of law, and a form of judgment. The plaintiff filed a petition setting out that subsequent to the trial, and while the cause was pending in this court, a lien which had been placed on the boat by the intervener and the defendant had been foreclosed in an action in which the American Packing Company, Paul Luketa, and Sam Luketa were named as defendants. They appeared and resisted the foreclosure of the lien. The suit resulted in a judgment of foreclosure, and the title passed to a third person as the result of such action. The trial judge, when the defendant and intervener's proposed findings, conclusions of law, and judgment were presented, indicated that he would not sign the same, but would make such findings, conclusions of law, and enter such judgment as the record in the case would justify.

The trial judge also dismissed the petition presented by the American Packing Company, and declined to permit the fact to be shown that subsequent to the trial of the action in the superior court, and while the same was pending here on appeal, the title to the boat had been lost, through the foreclosure of a lien which had been created thereon by the defendant and intervener.

After the trial judge had indicated the manner in which he proposed to dispose of the case, the defendant and intervener made this application for a writ of mandamus to require him to sign the findings, conclusions of law, and judgment...