Knapp v. Order of Pendo

Citations

• 36 Wash. 601
• 79 P. 209
• 1904 Wash. LEXIS 585

Syllabus

<p>Trial — By Jury — Failing to Demand When Set for Trial-Discretion. It is discretionary to award a jury trial although the same was not demanded when the case was set for trial in the manner required by Laws, 1903, p. 50, and error cannot be predicated thereon.</p> <p>Pleadings — Amendment — Supplemental Complaint. It is proper to allow the filing of a supplemental complaint to include a demand for monthly installments accruing to the plaintiff since the commencement of the action, one year before the trial was had.'</p> <p>Discovery — Interrogatories—Answer — Sufficiency — Dismis- ' sal of Action. It is not error to refuse to strike a complaint and dismiss the action for .refusing to answer interrogatories, where they were answered as soon as objections were disposed of; and, if not sufficiently full and explicit, the remedy is by motion to make more specific.</p> <p>Trial — Nonsuit—Reopening Case. It is discretionary to deny a motion for nonsuit, and reopen the case for further testimony.</p> <p>Beneficial Associations — Action on Benefit Certificate— Defenses — Demanding Blanks for Proof of Death. In an action by a widow on a benefit certificate in a mutual association, it is not reversible error to permit the plaintiff to prove a written demand for blanks upon which to submit proof of death, there being no obligation to furnish them, where it appears that plaintiff was under no obligation to furnish proof of death, since the matter is irrelevant and without prejudice.</p> <p>Same — Nonsuit—Evidence—Sufficiency. In such a case it is not error to deny a motion for nonsuit for failure to prove the truth of statements contained in the application for membership, since their falsity was matter of defense; nor for other insufficiency in the evidence; where it appears that all dues were paid, that it was the duty of the local secretary to present the claim for a death loss, and that all remedies in the order had been exhausted.</p> <p>Appeal and Error — Review—Object