State v. Superior Court of King County

• Decision Date: 20 May 1892
• Citation: 4 Wash. 327,30 P. 82
• Parties: STATE EX REL. HILL v. SUPERIOR COURT OF KING COUNTY ET AL.
• Court: Washington Supreme Court

30 P. 82

4 Wash. 327

STATE EX REL. HILL v. SUPERIOR COURT OF KING COUNTY ET AL.

Supreme Court of Washington

May 20, 1892

Mandamus by the state of Washington, on the relation of George L. Hill, against the superior court of King county, state of Washington, and others. Writ denied.

Solon T. Williams, for relator.

HOYT, J.

By this proceeding relator seeks to compel the superior court of King county, and two of the judges thereof, to perform certain acts set out in his petition. There are three judges of the superior court of King county, and it is clear either that it takes all of them to make a complete court, and when action of the court is sought the proceeding must be against them all, or that any one of them constitutes a court, when sitting as such, and can do any act in a case properly before him, within the power of the court. Upon either of these suppositions the petition herein is insufficient. If it takes all of the judges to do the act, then they were all necessary parties to this proceeding. If any one could do it, then the one whose duty it is to act should have been singled out, and the proceeding had against him alone. The rule is well settled, in cases of this kind, that the proceeding must be had against the officer whose duty it is to act, and that the petitioner must, at his peril, proceed against the proper officer. He cannot proceed against several officers, and ask the court to decide, as between them, which one should perform the act. The petition for the alternative writ of mandamus must be denied.

ANDERS, C.J., and DUNBAR, STILES, and SCOTT, JJ., concur.