Gray v. Granger

Citations

• 48 Wash. 442
• 93 P. 912
• 1908 Wash. LEXIS 892

Syllabus

<p>Appeal — Record — Bill of Exceptions • — • Affidavit. An order denying a continuance cannot be reviewed on appeal where the affidavit on which it was based was not brought up by a bill of exceptions or statement of facts.</p> <p>Dismissal and Nonsuit — Voluntary—Setoff and Counterclaim. The plaintiff is not entitled to dismiss his action to quiet title, claimed under a certain land contract, alleged to have been fraudulently assigned to defendant, after answer by the defendant setting up title in himself by virtue of the assignment of the contract and conveyance thereunder, and praying that his title be quieted;, since the answer is a counterclaim connected with the subject of the action and arises out of the same contract or transaction set out in the complaint.</p>