Kane v. Kane

Citations

• 35 Wash. 517
• 77 P. 842
• 1904 Wash. LEXIS 478

Syllabus

<p>Venue — Divorce—Stipulation for Trial in Another County— Legislative Change of District. A stipulation between tbe parties to a divorce suit to try tbe case in another county of the same judicial district, the same judge presiding, amounts to a change of venue, and such judge does not lose jurisdiction to try the case in such county pursuant to the stipulation, by a subsequent legislative change putting that county in a separate district and appointing another presiding judge for the county in which the suit was originally commenced.</p> <p>Same — Consent to Change. A recital in a statement of facts that defendants to a cross-complaint had stipulated that the action might be tried in another county, sufficiently shows their consent to the change of venue, although the written stipulation therefor was originally made between the other parties and before said cross-defendants had been made parties.</p> <p>Divorce — Jurisdiction—Residence of Plaintiff Within State for One Year — Consolidation of Actions. Where the husband and wife commenced independent actions for a divorce, and it was stipulated that the two actions should be tried as one, the action should not be dismissed for want of jurisdiction because the wife’s suit was commenced before she had been a resident of the state for one year, when the husband was duly qualified by residence to bring his action, and the wife had resided in the state one year before filing a cross-complaint in that suit, and the trial was had upon the issues raised by the pleadings in the husband’s suit, the wife’s action being in effect abandoned.</p> <p>Trial — Motion for Nonsuit in Equity — Waiver. Appellants’ challenge to the sufficiency of respondent’s testimony and motion to dismiss an action for divorce are waived by proceeding to introduce evidence in their own behalf, instead of standing upon the challenge and motion.</p> <p>Trial — Reopening Case — Discretion. It is not an abuse of discretion to allow appellant to reopen he