State v. Superior Court in and for King County
| Decision Date | 07 November 1923 |
| Docket Number | 18249. |
| Citation | 127 Wash. 101,219 P. 862 |
| Court | Washington Supreme Court |
| Parties | STATE ex rel. BUTTNICK v. SUPERIOR COURT IN AND FOR KING COUNTY et al. |
Department 1.
Proceeding by the State, on the relation of Morris Buttnick, for a writ of mandate, to be directed to the Superior Court in and for King County, Hon. Calvin S. Hall, one of the judges thereof and others. Writ allowed.
See also, Buttnick v. Buttnick (Wash.) 210 P. 497.
Arthur C. Bannon and Tucker & Hyland, all of Seattle, for petitioner.
Greene & Henry and J. E. McGrew, all of Seattle, for respondents.
This is an application for a writ of mandate to compel the respondent, one of the judges of the superior court for King county, to grant relator's motion and affidavit for a change of judge in the hearing of a petition for a modification of a judgment against him in a separate maintenance action. The application for a change of judge was made under Rem. Comp. Stat. § 209-1.
The affidavit here shows that an application was made to the superior court showing that more than two years ago the judgment sought to be modified was entered by Hon. Calvin S. Hall, one of the judges of the superior court, and that it provided for the payment, among other things, of $200 per month for the support of the wife and two minor children 'until the further order of the court.' That the application to the superior court, dated July, 1923, to modify the judgment alleged that conditions and circumstances had changed, and a different state of facts existed, among other things, in that the children were no longer minors; the younger having recently reached the age of majority; that his wife was better provided for at her home by way of furnishings than formerly; and that he was in bad health; had been confined in jail more than a year; and has no way of earning money except by his personal labor. It is further shown in the application in this court that, upon presenting the petition to the presiding judge of the superior court, and the procuring of process against Mrs. Buttnick, wife of relator, the cause was referred to another department of the superior court for hearing on the merits, which other department, in turn, ordered the case to the department of the respondent herein, and at once the relator filed the statutory affidavit of prejudice against respondent, Hon. Calvin S. Hall, together with a motion for a transfer of the cause to another department than his, and that the motion was denied. In response to the complaint and affidavit in this court the respondent makes no answer, but relies upon a demurrer to the effect that the superior court of King county has no jurisdiction of nor right to hear the application made to that court, and that this court has no jurisdiction to hear the present application except to dismiss it; and that the petition or affidavit here does not state facts sufficient to entitle the relator to any relief.
Upon the question of jurisdiction the contention is that the judgment sought to be modified is a final one, and that there is no right to a modification of it, since more than one year has expired...
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