Docket No. 234
Decided: Monday, November 16th, 1891
Opinion: 3 Wash. 431 (1891)
Court: Anders1 Court (1889-1892)
Anders
Dunbar
Hoyt
Scott
Stiles
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Undetermined votes indicate that the opinion(s) have not been evaluated yet.
TACOMA STOVE CO. v. CLINE, 3 Wash. 431; 28 P. 368 (1891).
No. 234.
SUPREME COURT OF WASHINGTON
November 16, 1891, Decided Appeal from Superior Court, Pierce County.
Court: Appeal dismissed.
Counsel: John C. Stallcup, for appellant. Marshall K. Snell, for respondent.
Judge(s) STILES, J. ANDERS, C. J., and SCOTT, DUNBAR and HOYT, JJ., concur.
Opinion By: STILES STILES, J.--This case is in the same condition as Burrichter v. Cline, ante, p. 135, with the exception that the original amount in controversy was less than two hundred dollars. It must, therefore, be dismissed unless, as the appellant contends, the validity of a statute was involved in the action. But, however it might be had there been a judgment awarding the imprisonment of the appellant, the fact that there was no such judgment removes that element from the case. It was entirely competent for the appellant, at any time after his arrest, to move for his discharge on habeas corpus, or by means of any of the other writs known to the law in cases where the courts have exceeded their jurisdiction; and having never done that, but given bail instead, his right to complain ceased when final judgment ignoring and abandoning the arrest was entered.
The appeal is therefore dismissed.
ANDERS, C. J., and SCOTT, DUNBAR and HOYT, JJ., concur.