Washington Law Review


Roy J. Moceri


P, ex parte, requested a temporary restraining order. The court refused the request because the adverse party was not present. The next day both parties appeared and after oral argument by counsel, the court issued an order entitled "Temporary Injunction and Restraining Order and Order to Show Cause." The show cause order was made returnable on the same date as the trial on the merits. The trial court held for D. P gave notice of appeal and pursuant to Rem. Rev. Stat. § 1723 [P.P.C. § 5-25] and Rules on Appeal 24, 34A Wn. 2d 27, moved that the court fix the penalty of the bond so that the order would continue in force pending the appeal. Upon the refusal of the court, P brought this application for a writ of mandamus. Held: Mandamus denied. "If it be conceded that there was a hearing," it was to determine whether a temporary restraining order and not whether a temporary injunction should be issued because the order provided that D was to show cause why it should not be continued in effect. The mere fact that the order was continued in force until the trial does not make it a temporary injunction. Davis v. Gibbs, 139 Wash. Dec. 163, 234 P. 2d 1071 (1951).

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