DocketNumber: No. 16850
Citation Numbers: 117 Wash. 500
Judges: Fullerton
Filed Date: 11/14/1921
Status: Precedential
Modified Date: 8/12/2021
The relator, Dora Fleischman, instituted an action in the superior court of Spokane .county against her husband, Frank Fleischman, for a divorce. The husband being a nonresident, service of summons upon him was sought to be obtained by publication, and to that end the relator caused a summons in the usual form to be published for the required time in a newspaper authorized under the statute to publish legal notices. After the publication had been com
In this court, at the hearing on the return to the writ, the relator urged but one question, namely, the constitutionality of the statute on which the trial court rested its conclusion. But this question we do not feel called upon to determine in this form of proceeding. It would be to make the writ of mandamus perform the function of an appeal or a writ of review. This is not the purpose of such a writ when issued from this court. It issues from this court to a superior court to compel it to exercise its judicial functions and powers, not to direct or control their exercise. In re Clerf, 55 Wash. 465, 104 Pac. 622; State ex rel. Woods v. Mackintosh, 99 Wash. 553, 169 Pac. 990; State ex rel. Luketa v. Jurey, 108 Wash. 44, 182 Pac. 932; State ex rel. Langly v. Superior Court, 74 Wash. 556, 134 Pac. 173; State ex rel. Godfrey v. Superior Court, 111 Wash. 101, 189 Pac. 256.
There being no justiciable question before us, the alternative writ heretofore issued will be quashed, and a peremptory writ refused.
Parker, C. J., Mitchell, Tolman, and Bridges, JJ., concur.