State v. Superior Court for King County
| Decision Date | 28 April 1919 |
| Docket Number | 15289. |
| Citation | 181 P. 50,106 Wash. 569 |
| Court | Washington Supreme Court |
| Parties | STATE ex rel. CONLEY v. SUPERIOR COURT FOR KING COUNTY et al. |
Department 1.
Prohibition by the State of Washington, on the relation of M. C. Conley against the Superior Court for King County and others. Writ denied.
Coleman & Gable, of Sedro Woolley, for appellant.
James A. Dougan, of Seattle, for respondents.
The plaintiff herein was made a party defendant in a suit brought against himself and the community of which he is a member in the superior court for King county. Process was served upon him in Skagit county. In due time he appeared in that action by serving and filing a motion to make the complaint more definite and certain, and also a motion for a change of venue to Spokane county, supported by his affidavit that he then was, and for many years had been, at all times a resident of the county last named. The plaintiffs in the original action, for the purpose of resisting the motion for change of venue, filed affidavits tending to show that the defendant in that action plaintiff here, had been engaged in contracting in Skagit and King counties and elsewhere for some time, alleging that he had not resided permanently or continuously in Spokane county for at least a year prior to that time, and also alleging that the pending action grew out of a contract entered into and to be performed in King county, that all of the witnesses, both for the plaintiffs and the defendants, excepting only the defendant, who is plaintiff here, resided in King county, and that the public records of King county would bear materially upon the issues and would be required in evidence. Other facts were alleged for the purpose of indicating that the claim of residence in Spokane county was not well founded. A reply affidavit was filed by the plaintiff here, explaining or denying these last-mentioned allegations, and giving in more detail the facts regarding his residence in Spokane county, but in no wise denying the allegations as to the residence of the witnesses, or controverting the allegations that the convenience of witnesses and the ends of justice would be forwarded by the case remaining for trial in King county. The trial court made no finding as to the place of residence of the plaintiff here, but entered an order denying the change of venue, upon the ground that the cause of action arose in King county, and the convenience of witnesses required that the case be there tried. Plaintiff herein seeks a writ of prohibition, prohibiting and restraining the superior court for King county from further proceeding in said cause, other than to transfer the same to Spokane county for trial.
We have recently had occasion to re-examine the questions here involved, and to restate the law with reference to changes of venue, in State ex rel....
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Ralph v. Weyerhaeuser Co.
...with our opinion and the established criteria for changing venue pursuant to RCW 4.12.030(3). See, e.g., State ex rel. Conley v. Superior Ct., 106 Wash. 569, 571–72, 181 P. 50 (1919) ; Hickey v. City of Bellingham, 90 Wash.App. 711, 719–20, 953 P.2d 822 (1998).C. Costs for change of venue¶3......
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