Matson v. Kennecott Mines Co.

Citations

• 103 Wash. 499
• 175 P. 181
• 1918 Wash. LEXIS 1117

Syllabus

<p>Appearance — General or Special. Under Rem. Code, § 241, providing that every appearance is general unless the defendant in making the same states that the same is a special appearance, a motion to quash service of process reciting that the defendant appears specially and for the purpose of the motion only, is a special appearance.</p> <p>Same — General or Special — Pleading Over — Waiver. Under Rem. Code, § 241, providing that every appearance is general unless the defendant in making the same states that the same is a special appearance, a special appearance on motion to quash service of process is not waived, after overruling of the motion and exceptions 'thereto, by answer on the merits praying for a dismissal and costs, where the special appearance was preserved in subsequent appearances and affirmative relief was not asked (overruling on rehearing, Id., 101 Wash. 12)..</p> <p>Holcomb, J., dissents.</p>