63 Wash. 2d 975

[Nos. 36876, 36886.

Department Two.

October 3, 1963.]

Lorraine T. Baker, Individually, and as Executrix, Plaintiff, v. Helen M. Hilton, as Executrix, Defendant and Petitioner, The Superior Court for Pierce County, Bartlett Rummel, Judge, Respondent. Ralph Milne, Plaintiff, v. Helen M. Hilton, as Executrix, Defendant and Petitioner, The Superior Court for Pierce County, Bartlett Rummel, Judge, Respondent. *

William F. LeVeque, for plaintiff Baker.

Lawrence M. Ross (of Griffin, Boyle & Ross), for plaintiff Milne.

Palmer, Willis & McArdle and Norbert F. Knecht, by Fred C. Palmer, for defendant and petitioner.

Per Curiam.

The defendant-relator, in the two cases above identified petitions for a writ of certiorari to review an order in each case whereby the Superior Court of Pierce County denied motions to transfer the venue of the actions to Yakima County. Both cases arise from an automobile collision occurring in Yakima County, where three other cases are pending as a result of the same accident.

The Chief Justice issued an order which provided, inter alia:

“ . . . that the respondent in the above entitled actions appear before this court . . . and show cause why a writ of certiorari for a review of the orders of December 14, 1962 and of December 3, 1962 should not issue including consideration of the following:
“a. The availability of certiorari to review an order determining venue . . .
*976“b. Does RCW 4.12.020[1] permit the exercise of judicial discretion in determining venue in a case involving recovery of damages arising out of an automobile accident. (See also RCW 4.12.025[2] and RCW 4.12-.030).[3]”

Subsequent to argument in this court on the order to show cause, the court filed its opinion in Russell v. Marenakos Logging Co., 61 Wn. (2d) 761, 380 P. (2d) 744 (1963). It is dispositive of the issues now before us.

Marenakos holds (a) that appellate review of orders relating to venue may be by writ of certiorari; and that (b) RCW 4.12.030“ permits the exercise of judicial discretion in determining venue in a case involving recovery of damages arising out of an automobile accident. See RCW 4.12.020.1

The clerk of this court is directed to issue writs of certiorari in the instant cases upon this opinion becoming final. Time for certification of the record and for filing briefs shall be governed by the Rules on Appeal and shall commence to run from the date of said writs.

It is so ordered.

Baker v. Hilton
63 Wash. 2d 975

Case Details

Name
Baker v. Hilton
Decision Date
Oct 3, 1963
Citations

63 Wash. 2d 975

Jurisdiction
Washington

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