Messick v. National Council of the Knights & Ladies of Security

Citations

• 103 Wash. 143
• 173 P. 940
• 1918 Wash. LEXIS 1018

Syllabus

<p>Appeal — Statement oe Facts — Striking. A statement of facts, filed out of time without proper notice of application for extension of time, is properly struck out.</p> <p>Pleading — Bill oe Particulars — Copies in Possession oe Defendant. Defendant’s demand for- bill of particulars furnishing a copy Of by-laws and proof of death in possession of the defendant is properly refused.</p> <p>Insurance — Mutual Benefit Insurance — Pleading—Complaint. In an action upon a benefit certificate, the complaint is sufficient where it alleges its issuance, that it remained in full force until the death of the insured, that plaintiff was the beneficiary and had made due proofs and demanded payment, although it did not allege full compliance with all conditions.</p> <p>Appeal — Review—Pleadings—Amendments. After trial on the merits under a defective complaint, capable of amendment, all amendments will, on appeal, be considered as made, as required by Rem. Code, § 1752, which is a later statute and controls Id., § 263, providing that objection that the complaint fails to state a cause of action may be made at any time.</p> <p>,. 'Appeal — Presumptions—Pleadings—Discretion. The denial of á inoti,on to make a reply more definite and certain must be presumed to be without prejudice, in the absence of any showing of 'abuse of discretion, surprise, or anything preventing the presentation of a defense.</p>