Embree v. McLennan

Citations

• 18 Wash. 651
• 52 P. 241
• 1898 Wash. LEXIS 602

Syllabus

<p>APPEALABLE ORDER-OBJECTIONS TO NOTICE OF APPEAL—MERITS OF ACTION NOT REVIEWABLE ON MOTION TO QUASH SUMMONS.</p> <p>An order of tbe court quashing a summons is appealable, under Laws 1893, p. 119, § 1, subd. 6 (Bal. Code, § 6500), when it appears tbat sucb order was based upon tbe court’s opinion that, upon tbe merits of tbe action, tbe plaintiff could not prevail.</p> <p>Where a supplemental transcript filed by appellant shows tbat a second notice of appeal sufficient in all respects was duly served and filed, an objection that tbe proof of service of notice of appeal as set out in the original transcript is inadequate, is without merit.</p> <p>A court has no power to determine the merits of a cause of action upon a motion to quash the summons, but when the objections raised to the action are other than those relating to th.6 sufficiency of the summons and the regularity of its service, they should be raised by answer or demurrer.</p>