State Ex Rel. Nelson v. Superior Court

— This case is presented upon an affidavit and application of the relators for a writ of prohibition and upon the return of the respondent to an alternative writ. The case involves only one question, which is, may the sureties on a supersedeas bond be proceeded against by an order to show cause, or must they be brought in by summons ? If only by summons, the writ applied for must be granted.

We have no statute regulating or controlling the subject. In Kalb-Glibert Lumber Co. v. Cram, 60 Wash. 664, 111 Pac. 1050, in discussing the procedure to recover against sureties on a bond given in an…