Maggs v. Morgan

Citations

• 30 Wash. 604
• 71 P. 188
• 1903 Wash. LEXIS 350

Syllabus

<p>TRESPASS-RESTRAINING ORDER-VACATION.</p> <p>Tbe denial of a motion to vacate a restraining order cannot be urged as error, where the parties to the action had voluntarily entered into a stipulation that the order should be continued until the final determination of the cause.</p> <p>SAME- — -RIGHT TO JURY TRIAL.</p> <p>An action to restrain the continuance of a trespass, to recover damages therefor, and to remove a cloud from title to real estate, being one of equitable cognizance, a jury trial is not demandable as a matter of right.</p> <p>SAME — ACTUAL POSSESSION — PLEADING.</p> <p>Residence upon land is unnecessary in order to establish actual possession; and actual possession is sufficiently set forth where the complaint alleges that “plaintiff is now and for more than fifteen years next prior to the date of this complaint has been, the owner in fee simple absolute and in the actual, .notorious and open possession” of the lands in controversy.</p> <p>SAME-DESCRIPTION OF LANDS.</p> <p>In an action to restrain trespass and quiet title to certain lands, the description of the lands in the complaint is sufficiently definite when it shows where the land is located and is sufficient to enable the boundaries to be readily traced on the ground.</p> <p>CONTINUANCE-INSUFFICIENCY OF SHOWING.</p> <p>A motion for continuance was properly denied, when there was not a sufficient showing of diligence, nor that the desired evidence was not cumulative.</p>