Hays v. Peavey

Citations

• 43 Wash. 163
• 86 P. 170
• 1906 Wash. LEXIS 673

Syllabus

<p>Appeal — Review—Pleadings—Waiver by Amendment. Error in sustaining a demurrer to a complaint is waived by the filing of an amended complaint.</p> <p>Pleading — Amended Complaint — Motion to Strike — Merits op Pleading. Where, upon sustaining a demurrer to a complaint, an amended complaint is filed in all essential particulars the same as the original, a motion to strike on that ground is equivalent to a demurrer, entitling it to he heard upon its merits, and it is error to strike it out and grant judgment dismissing the action.</p> <p>Account — Pleadings—Limitation op Actions. It is error to sustain a demurrer to a complaint for an accounting on the ground that a bill of particulars shows the cause of action to have accrued more than six years previous to suit brought where it appears that some, at least, of the items were within six years of the commencement of the action.</p>