State ex rel. Moore & Co. v. Superior Court

This is an application in this court for a writ of prohibition to restrain the superior court of King county and the Honorable A. W. Prater, the judge thereof, from granting a new trial in the case of Moore & Company v. Burling, after remittitur from this court on reversal of the lower court on appeal.

The original action in the lower court sought the foreclosure of a mortgage, executed by defendant Burling to secure a promissory note given to the Charleston National Mining Company. The note and mortgage had been purchased by the plaintiff corporation. The defense set up was that the note and…