State v. Superior Court of King County

• Decision Date: 13 March 1893
• Citation: 32 P. 1072,6 Wash. 112
• Parties: STATE EX REL. MCDONALD ET AL. v. SUPERIOR COURT OF KING COUNTY ET AL.
• Court: Washington Supreme Court

32 P. 1072

6 Wash. 112

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

Supreme Court of Washington

March 13, 1893

Petition by the state, on the relation of J. R. McDonald, Randall F Smith, and W. A. Butler, against the superior court of King county and Hon. Richard Osborn, a judge of said court, for a writ of prohibition to prevent respondent from proceeding to enforce certain judgments. Writ granted.

Richard Winsor, for respondents.

SCOTT J.

This is an application for a writ of prohibition against the respondent, directing him to desist from further proceedings in a case commenced in said superior court, wherein Louise Thompson is plaintiff, and said J. R. McDonald defendant. It appears that on the 9th day of April, 1891, judgment was rendered in favor of the plaintiff in said action. Thereafter, on the 12th day of May, 1891, said defendant executed a bond, with the relators Randall F. Smith and W. A Butler as sureties, for a stay of execution. On the 5th day of October, 1891, said defendant gave a notice of appeal of said action to this court, and filed a supersedeas bond. On the 21st day of October, 1891, said court, upon the application of the plaintiff, entered judgment against the relators Smith and Butler, upon said stay bond; and on the further application of the plaintiff, on the 3d day of November, 1891, said court entered an order commanding Butler to appear on the 5th day of November following, and answer on oath concerning his property. On the 3d day of said month of November, said court entered an order fixing the appeal bond of said Smith and Butler at the sum of $6,000 and on the next day said McDonald, principal defendant, and said Smith and Butler, filed a notice of appeal from the judgment upon the stay bond, and executed a supersedeas bond in said sum of $6,000, and on the 5th day of November said sureties moved to quash the proceedings against Butler, which motion was denied on the 30th day of said month. Prior thereto, on the 21st day of said month, on application of the plaintiff, said court entered an order for and issued execution in said suit; and on the 21st day of January, 1893 upon application therefor by the plaintiff, said court issued a bench warrant in said cause, commanding the sheriff to arrest said Butler, and bring him before the court on the 23d day of said month of January; and thereupon said sheriff did arrest said Butler, who gave bail...