Longmore v. Puget Sound Traction, Light & Power Co.

Citations

• 78 Wash. 468
• 139 P. 191
• 1914 Wash. LEXIS 1046

Syllabus

<p>Abatement and Revival — Another Action Pending. A cause is pending after service of summons and after answer served and filed, even if the complaint is not filed, under Rem. & Bal. .Code, § 220, providing that all actions shall be commenced by the service of summons or the filing of a complaint, and § 238, providing that a court acquires jurisdiction from the time of the commencement of the action by service of summons or by the filing of a complaint.</p> <p>Same — Plea in Abatement — Discharge oe Attorney — Vexatious Suit. Under Rem. & Bal. Code, §§ 259, 261, authorizing a plea, in abatement by answer where the complaint fails to show that another action is pending between the same parties for the same cause, a plea in abatement is good, where it appears that, after issue joined, an attempt was made to discharge the. attorney, without complying with Id., § 133, failing which, the former action was ignored and another commenced; and it cannot be said that the first action may not become vexatious, since tbe attorney therein may note it for trial.</p> <p>Same — Plea in Abatement — Employment oe Attorney. Upon the plea of another action pending, it is immaterial whether the contract employing plaintiff’s attorney in the former action was void, where the employment authorized the attorney to bring the suit.</p> <p>Damages — Personal Injuries — Enhancing Damages — Dependents. In an action for personal injuries, it is error to refuse to strike from the complaint allegations that the plaintiffs were charged with the support of minor children; and evidence thereof is inadmissible for the purpose of enhancing the damages.</p>