State v. Superior Court of Pierce County

• Decision Date: 23 October 1909
• Citation: State v. Superior Court of Pierce County, 104 P. 607, 55 Wash. 328 (Wash. 1909)
• Parties: STATE ex rel. SCOUGALE et ux. v. SUPERIOR COURT OF PIERCE COUNTY.
• Court: Washington Supreme Court

104 P. 607

55 Wash. 328

STATE ex rel. SCOUGALE et ux. v. SUPERIOR COURT OF PIERCE COUNTY.

Supreme Court of Washington

October 23, 1909

Department 1. Original application for mandamus by the State of Washington, on the relation of Frank J. Scougale and wife against the Superior Court of Pierce County. Writ denied.

Coleman & Fogarty, for respondent.

GOSE, J.

The relators brought an action, in the superior court of Pierce county, against Dominic Cavalero and wife and Norval McGhie and wife, as defendants. The complaint, in substance, stated That, in the fall of 1906, the relator Frank J. Scougale held options for the purchase of the standing timber on certain tracts of land in Pierce county; that he induced the defendants to take a one-third interest each therein; that the relator thereupon, at the instance of the defendants closed the options, purchased other adjoining timber land in fee, paying therefor with money furnished by the defendants that the title was taken in the name of the Gig Harbor Timber Company; that each of the parties owned a one-third interest in the joint adventure, the defendants to be paid for the relator's interest by a sale of the logs; that the defendants, in violation of their agreement with the relator to cut and remove the timber from the land upon which the options were obtained, permitted the options to expire without doing so, to the damage of the relators in the sum of $42,000; that the defendants now deny that the relators have any interest in either the land or the timber, and have procured contracts extending the time for removing the timber in the name of defendant Cavalero or his son. The relators prayed: (1) That their title be established to an undivided one-third interest in the land and timber; (2) that the land and timber be sold, and the proceeds divided between the parties according to their several interests; and (3) for a judgment for damages. Thereupon the defendants in due form applied to the court for a change of venue to Snohomish county, the place of their residence. The relators resisted the application, on the ground that the title to real and personal property was involved, and the action was local under the provisions of our Code. 2 Ballinger's Ann. Codes & St. § 4852 (Pierce's Code, § 308). This objection was overruled, and the application allowed. The relators thereupon applied to this court for a writ of mandate, directing the court below...