Loveday v. Parker

Citations

• 50 Wash. 260
• 97 P. 62
• 1908 Wash. LEXIS 708

Syllabus

<p>Appeal — Proceedings—Time for Taking. An appeal from an. order discharging a garnishee must be taken within fifteen days after the entry thereof, under Bal. Code, § 6502.</p> <p>Same — Appeal from Several Orders — Dismissal—Effect. The fact that an appeal from several orders was given too late to confer jurisdiction of the appeal as to the first order made, does not operate to dismiss the appeal as to the other orders.</p> <p>Same — Right to Appeal — Consent to Order. An appeal from an order dismissing garnishees will not be dismissed as having been made at the request of the plaintiff, where the main case had been involuntarily dismissed, as that operated to dismiss the garnishments, and the evident intent was to show that the garnishments, were dismissed solely for that reason.</p> <p>Same — Cessation of Controversy — Costs — Unaccepted Offer. An appeal will not be dismissed on the ground of cessation of the-controversy because of a tender by plaintiff of the amount claimed to be due, made after the appeal was taken, when the tender did not include the costs and was not accepted by the appellant; since an offer to settle, not accepted, does not end the controversy.</p> <p>Bills and Notes — Actions—Complaint—Conditional Maturity. Where a note contained the signed indorsement of the maker that he would pay the same on demand “should I make a transfer of my real estate before this note becomes due,” a complaint in an action commenced before maturity' is good as against a demurrer, where-it sets out the note and alleges, in the language of the endorsement, a transfer of the maker’s real estate, and that the note is now due- and payable.</p> <p>Pleading — Amendment—Consistency-—-Bills and Notes. In an action upon a note payable on demand in case the maker transfers his real estate before maturity, an amended complaint alleging the transfer of his real estate is not inconsistent with the original complaint alleging a transfer of “certain” of his real estate, and is a