Hunter v. Berridge

Citations

• 103 Wash. 536
• 175 P. 165
• 1918 Wash. LEXIS 1108

Syllabus

<p>Officers — Action on Bond — Leave to Sue — Pleading — Waiver. . Under Rem. Code, § 960, providing that, in an action on an official bond by a plaintiff other than the state, the defendant on motion shall be entitled to judgment of nonsuit if it does not appear from the complaint that leave to sue was first obtained, the objection is properly taken by demurrer, which answers the purpose of a motion, and is not waived by pleading over, after exceptions taken.</p>