State ex rel. Martin v. Superior Court

(dissenting)—I cannot agree that this is a case for the issuance of the writ of mandate. Our statute provides, at Rem. Code, § 1011, that the writ,

“may be issued by any court, except a justice’s or a police court, to any inferior tribunal, ... to com*96pel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station, . ”

and, at § 1015:

“The writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. ’ ’

This court, in State ex rel. Miller v. Superior Court, 40 Wash. 555, 82 Pac. 875, 111…