State ex rel. Orth v. Benson

The opinion of the court was delivered by

Reavis, J.

On the 5th of June, 1899, the Yesler Estate, Incorporated, commenced an action of unlawful detainer against the relator, Orth, and procured the issuance of a writ of restitution of the premises in controversy in the action. Three days thereafter the relator gave a bond to stay the writ as provided by law, and remained in possession of the premises until after the rendition of judgment. The action was tried on the 7th of September, 1899, before the respondent, as judge of the superior court; and at the trial, after hearing the testimony, and…