McPhee v. Nida
Citations
- 60 Wash. 619
- 111 P. 1049
- 1910 Wash. LEXIS 1112
Syllabus
<p>Actions — Commencement—What Constitutes. The commencement of an action requires both the filing of a complaint and commencement of service of summons within ninety days, under Rem. & Bal. Code, § 220, providing that an action shall be commenced by the service of summons or by filing a complaint, provided that service shall be made personally or by publication commenced within ninety days after the complaint is filed.</p> <p>Actions — Commencement—Loss oe Jurisdiction — New Action. The loss of tentative jurisdiction by failure to serve a summons within ninety days after the filing of a complaint, does not prevent the commencement of a new action by subsequently serving the same summons and complaint.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing, on interlocutory appeal, district court’s failure to dismiss alleged intentional tort claims against employer pursuant to MWCA exclusivity
- discussing intentional torts in the context of the Mississippi Workers’ Compensation Act
- discussing intentional torts in the context of the Mississippi Workers’ Compensation Act
- explaining “it is not possible that the defendants were allowing the mold to exist with the intent of injuring the plaintiffs while at the same time attempting to destroy the mold” by applying spray to intentionally harm plaintiffs
- alleging intentional infliction of emotional distress for exposure to toxic mold
- plaintiff must at a minimum establish an underlying tort before bringing civil conspiracy and aiding and abetting claims
Source: CourtListener parenthetical corpus (CC0).
Judges: Chadwick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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