McPherson v. Seattle Electric Co.

Citations

• 53 Wash. 358
• 101 P. 1084
• 1909 Wash. LEXIS 1327

Syllabus

<p>Dismissal and Nonsuit — Voluntary Right to. Under Bal. Code, § 5085, the plaintiff has an absolute right to a voluntary nonsuit, even though the action is tried before the court without a jury, at any time before submission of the case; and the case is not submitted where the plaintiff asked the nonsuit before resting because of the absence of necessary witnesses.</p> <p>Appeal — Review—Ceoss-Appeals—Errors Alleged by Respondent. Upon appeal by plaintiff from the erroneous denial of a non-suit, the defendant cannot by a cross-appeal secure a review of the merits, as the court was without jurisdiction except to grant the nonsuit.</p> <p>Appeal — Review—Errors Reviewable. Upon appeal from the denial 'of a voluntary nonsuit to which plaintiff was entitled as a matter of right, plaintiff cannot have a review of error of law occurring at the trial; since his remedy by nonsuit and a new action is complete.</p>