Beezer v. City of Seattle

(dissenting)—This is the fourth time this case has been before us in the past year. (Beezer v. Seattle, 60 Wn. (2d) 239, 373 P. (2d) 796 (1962), and Beezer v. Seattle, 60 Wn. (2d) 652, 375 P. (2d) 256 (1962); in addition, a motion for a stay of proceedings made by the city of Seattle was argued and denied without opinion on November 19, 1962.)

*576The present proceeding is an application for a writ of mandamus to compel the superior court to proceed with the trial of the cause on the merits as directed by this court in the decision first above cited.

The history of this litigation is described in…