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· 6/16/1910

Johnson v. Pacific Bank & Store Fixture Co.

Citations

  • 59 Wash. 58
  • 109 P. 205
  • 1910 Wash. LEXIS 1134

Syllabus

<p>Pleading — Amendment—Waiver of Objections. The allowance of the filing of a so-called supplemental complaint as an amended complaint cannot be urged as error after issue joined and trial and judgment on the merits.</p> <p>Master and Servant — Employment—Contract—Construction— ' Termination — Salary. A contract of employment for one year, wbicb provided for sixty days’ notice in the event of a discharge without fault of the employee, entitled the employee to salary for that period in the event of his summary discharge before the expiration of ten months, or to one year’s salary if discharged after ten months.</p> <p>Same. A contract of employment wherein the employee is guaranteed one year’s employment, or the expense of moving to the Pacific coast if discharged before the expiration of one year, does not entitle him to more than one year’s salary, if discharged during the year.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • plaintiff named employer individually and not employer officially and, in attempting to add employer in official capacity as fictitious party, plaintiff did not remove any fictitiously named party
  • “If a party fails to seek leave of the court or permission of the opposing party prior to amending the pleadings, such amendment is improper and will be struck.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Chadwick

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.