Larson v. Winder

Citations

• 14 Wash. 647
• 45 P. 315
• 1896 Wash. LEXIS 427

Syllabus

<p>PLEADING — SHAM AND FBIVOLOUS DENIALS — ACTION ON BOND — SUFFICIENCY OF ALLEGATION OF BBEACH — TAXATION OF ATTOBNEY’s FEES AS COSTS.</p> <p>A general denial of the material allegations of a complaint cannot be stricken out on the ground that it is sham or frivolous pleading.</p> <p>In an action upon a forthcoming bond which provided that it should not become effective unless the superior court gave possession to the principal of the property then in the hands of a receiver, the complaint is demurrable as not stating a cause of action when it fails to allege that the property had been delivered to the principal, although the complaint may recite an order of the court stating that the principal was in possession of the property.</p> <p>In an action at law the court can impose no costs by way of attorney’s fee excepting such as are expressly provided by statute.</p>