Blalock v. Condon

Citations

• 51 Wash. 604
• 99 P. 733
• 1909 Wash. LEXIS 1238

Syllabus

<p>Pleading — Demurrer — Renewal After Answer — Discretion. After overruling a demurrer to a complaint, and answer over by tbe defendants, it is discretionary to permit a renewal of tbe demurrer.</p> <p>Limitation of Actions — Time When Action is Commenced— Statutes — Construction. Under Bal. Code, § 4807, which provides that the statute of limitations shall apply to actions brought by the state and municipalities, and that an action shall be deemed commenced when the complaint is filed, actions brought by private parties are not deemed commenced until the complaint is filed.</p> <p>Statutes — Subjects and Titles — Amendments—Limitation of Actions. Laws 1903, p. 26, being an act relating to limitations in actions brought by the state and municipalities amending Bal. Code, § 4807, is not broad enough to embrace the provision of § 4807 that an action shall be deemed commenced when the complaint is filed.</p> <p>Same. The title of an amendatory act referring to the act amended merely by its number is not sufficient.</p> <p>Same — Repeals—Implied Repeals — Limitation of Actions. Laws 1903, p. 26, entitled an act relating to limitations in actions brought by the state and municipalities, amending Bal. Code, § 4807, without reference to a repeal of other statutes, and containing no repealing clause, does not repeal by implication that part of § 4807 which provides that an action is deemed commenced when the complaint is filed.</p>