1ST NAT. BK. OF EVERETT v. TIFFANY, 38 Wn.2d 832 (1951)

232 P.2d 839

THE FIRST NATIONAL BANK OF EVERETT, WASHINGTON, Plaintiff, v. LEWIS V. TIFFANY et al., Defendants and Relators.[1]

No. 31782.The Supreme Court of Washington. Department Two.
June 21, 1951.

[1] Reported in 232 P.2d 839.

[1] CERTIORARI — GROUNDS — FINALITY OF ORDER. A petition for a writ of review is premature where no final order has yet been entered.

Application filed in the supreme court April 30, 1951, for a writ of certiorari to review an oral decision of the superior court for Snohomish county, Bell, J., in an action to foreclose a mortgage. Denied.

James Tynan, for relators.

English Bell, for respondent.


Lewis V. Tiffany and Vivian Tiffany have applied for a writ of review directed to the superior court for Snohomish county to review the proceedings in cause No. 50753 in said court. That cause was instituted by respondent bank to foreclose a mortgage encumbrancing the home of relators, said mortgage having been executed by relators to respondent.

The cause came on for trial, and after both parties had rested the court announced that it would enter an order foreclosing the mortgage and would give respondent bank the right to immediately enter and take possession of the property. The order has not, as yet, been entered.

[1] The petition for review is premature in that no final order has been entered. State ex rel. Cheson v. Superior Court, 22 Wn.2d 947, 157 P.2d 991. We therefore direct that the writ be dismissed, without prejudice to relators to apply for proper remedy when judgment is entered by the trial court.

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