Freeborn v. Chewelah Copper King Mining Co.

Citations

• 89 Wash. 519
• 154 P. 1095
• 1916 Wash. LEXIS 731

Syllabus

<p>Appeal — Record—Abstract. No abstract of tbe record is necessary in a case coming up on a transcript containing the pleadings, and of less than one hundred pages.</p> <p>Pleading — Amendments—Name of Defendant. Where a complaint against the “Copper King Mining Company” was served on the president of “The Chewelah Copper King Mining Company” and the record clearly showed that it was the intention to sue the latter company, the court properly authorized an amendment of the complaint accordingly.</p> <p>Appearance — Answer After Amendment — Sufficiency — Judgment by Default. Where, after amendment of a complaint as to the name of the defendant, defendant, in compliance with an order to elect, elected to stand upon its amended answer already filed, which contained a general denial, there was a sufficient appearance by the defendant; and it was error to grant a judgment for plaintiff by default.</p>