State ex rel. German Savings & Loan Society v. Prather

The opinon of the court was delivered by

Gordon, J.

The relator was plaintiff in an action of unlawful detainer pending in the superior court of Spokane eounty, and in that action applied to the court for a writ of restitution pursuant to the provisions of § 5534, Bal. Code. Upon hearing, the application was denied upon the ground that that section, which is § 10 of the act of 1891 (Session Laws, p. 183), was unconstitutional. Thereupon the relator instituted this proceeding for a peremptory writ of mandate to compel the respondent as judge to grant the motion of plaintiff for an order…