Battee v. City of Seattle

(dissenting)—I cannot allow this opinion to go unchallenged. In the first instance, we are bound by the provisions of Art. IV, § 4 of our state constitution to exercise appellate jurisdiction. In refusing to review the action of the trial judge in this case, we fail in our duty as outlined by the constitution. In the second place, the holding in this and the cited case is not consistent with other rules laid down by this court.

In the case of Angel v. McKales, 34 Wn. (2d) 912, 210 P. (2d) 812, we reaffirmed a rule which has been followed from the time this court was instituted. In that case,…