Chehalis County v. Ellingson

Citations

• 21 Wash. 638
• 59 P. 485
• 1899 Wash. LEXIS 343

Syllabus

<p>JUDGMENT — MOTION TO VACATE — NOTICE.</p> <p>Where plaintiff dismisses his action, through mistake or inadvertence, he cannot afterwards, upon three days’ notice, bring the defendant again into court, upon a motion to vacate the order dismissing the cause and for the reinstatement of the cause.</p> <p>EMINENT DOMAIN-APPROPRIATION OP COMMUNITY REALTY — PARTIES.</p> <p>Where community property is sought to be condemned for use as a public highway, the wife, as well as the husband, is a necessary party to the proceedings before the county commissioners, for the reason that, under the procedure provided by Laws 1895, p. 85, §§ 11, 13, if the husband alone was a necessary party, he might be enabled to alienate the land sought to be condemned without the knowledge or consent of his wife.</p>