State ex rel. Hubbard v. Superior Court
State ex rel. Hubbard v. Superior Court
Opinion of the Court
Original application for mandamus. Relator filed his affidavit alleging that he is by profession a physician and surgeon; that in July, 1899, he made written application for a license to practice medicine and surgery to the state medical examining board, created under the act of March 28, 1890, then in session at Spokane, and submitted to an examination by the board in the branches designated in the statute, paid the required fee for such examination, and thereupon the board refused
It will be perceived that the essential complaint of relator is that the superior court of King county refused to entertain jurisdiction of the cause sent to it from the superior court of Spokane county. The affidavit states the reasons of the court for its ruling. We think the ruling of the court must be treated as a final order of dismissal of the cause. The complaint of the relator here, then, is for error in making the order. In this view of the case mandamus will not lie. There is an adequate remedy by appeal. The .application for a mandate to compel the superior court to entertain jurisdiction of the cause apparently falls clearly within the rule announced in State ex rel. Light Co. v. Superior Court, 20 Wash. 502 (55 Pac. 933), which was a very careful review of the function of the writ issued from this court, and, upon the authority of that case, the writ is denied.
Reference
- Full Case Name
- The State of Washington on the Relation of B. Roswell Hubbard v. Superior Court of King County, and William Hickman Moore, Judge thereof
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- MANDAMUS-WHEN LIES •— REMEDY BY APPEAL. The refusal of the superior court of one county to assume jurisdiction of a cause sent to it on a change of venue amounts to a final order of dismissal of the cause, which, being reviewable on appeal, precludes the supreme court from affording a remedy by writ of mandate to compel the lower court to entertain jurisdiction. ,