Casey v. Malidore

Citations

• 19 Wash. 279
• 53 P. 60
• 1898 Wash. LEXIS 361

Syllabus

<p>NEW TRIAL — IMPOSITION OP TERMS — WAIVER OP COSTS.</p> <p>Where a new trial is granted plaintiff, because of error of the court in ruling that his complaint does not state a cause of action, the plaintiff is entitled to the new trial unconditionally, and it is error to impose terms that his motion will he granted on condition of his filing a waiver of costs to date.</p>