State Ex Rel. G.M. Lum. Co. v. Sup'r Ct.

ON REHEARING.

After the decision in this case, reported in 144 Wn. 351,258 P. 27, a rehearing was granted. The question involved, as may be seen from the statement in the opinion of the Department, relates to a plea in abatement, filed in a general mortgage foreclosure action in Snohomish county, covering property in that county, on account of a former action, pending in King county, wherein the mortgagor, as plaintiff, seeks performance by the mortgagee or that the mortgage be canceled.

The former opinion proceeds upon the theory that the relator has an ample and adequate remedy by appeal, and…