Dennis v. Kass & Co.

Citations

• 13 Wash. 137
• 42 P. 540
• 1895 Wash. LEXIS 62

Syllabus

<p>APPEAL — SUFFICIENCY OF COMPLAINT — WHEN OBJECTION WILL NOT BE CONSIDERED—LAW OF CASE.</p> <p>Where an action has been retried after the reversal of a judgment of non-suit, and from the judgment on the new trial defendants appeal, an objection to the sufficiency of the complaint cannot be first raised on such second appeal, when it is the same complaint upon which the former case was tried.</p> <p>Questions determined on an appeal, or which might have been, if presented, will not be considered by the appellate court upon a second appeal of the same action.</p>