State v. Superior Court of Washington for Clarke County
Decision Date | 24 April 1917 |
Docket Number | 13981. |
Citation | 164 P. 516,96 Wash. 41 |
Court | Washington Supreme Court |
Parties | STATE ex rel. GRIFFITH v. SUPERIOR COURT OF WASHINGTON FOR CLARKE COUNTY et al. |
Department 1. Certiorari by State, on relation of Charles Griffith against the Superior Court of the State of Washington for Clarke County and the Honorable R. H. Back, Judge of said Court, and others. Granted.
Edwin Rhodes, of South Bend, for plaintiff.
Miller & Wilkinson, of Vancouver, for defendants.
The Alki Investment Company brought an action in the superior court for Clarke county against Charles Griffith the relator herein, for the recovery of money. The relator lives in Pacific county. The attorney for relator corresponded with the attorneys for the plaintiff in that action, and in response to a letter and the service of a copy of a motion for change of venue, and demurrer, service of which was accepted on the 28th day of December, 1916, counsel for the plaintiff said
Upon receipt of this letter, counsel for the defendant, the relator here, forwarded the papers to the clerk of the court together with the acceptance of service of the motion and demurrer. The clerk called the attention of the judge to the motion, and it was by him denied. It appears by the return of the respondent trial judge that the acceptance of service and the agreement to change the venue was not called to his attention. The case being thereafter noted for hearing upon the demurrer, the relator came to this court asking for a writ of certiorari.
While it is unfortunate that this matter was not corrected in the court below, where it might well have been corrected without additional costs or controversy, we think nevertheless that the relator is entitled to his writ. Under the...
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