Morrison v. Bernot

Citations

• 58 Wash. 302
• 108 P. 772
• 1910 Wash. LEXIS 933

Syllabus

<p>Set-off and Counterclaim—Connection with Subject-Matter of Action—Injunction—Damages. In an action to enjoin tile defendant from filling up a drainage ditch, constructed by the plaintiffs, an independent claim by defendant for damages to his land by reason of the construction of the ditch is not a proper counterclaim, within Rem. & Bal. Code, § 265, authorizing a counterclaim for a •cause of action arising out of the transaction set forth in the complaint or connected with the subject of the action.</p> <p>Appeal and Error—Right to Appeal—Waiver—Estoppel-^-Prosecuting Another Action. Error in dismissing defendant’s counterclaim is waived by his prosecution of another action for the same ■claim, and estops him from prosecuting an appeal from the judgment dismissing the first action.</p> <p>Appeal and Error—Decisions Reviewable—Denial of Temporary Injunction—Insolvency. Under Rem. & Bal. Code, § 1716, subd. 3, an appeal does not lie from an order denying a temporary Injunction unless the party against whom the temporary injunction was sought was found to be insolvent.</p> <p>Same—Review. Questions not passed upon by tbe trial court are not reviewable on appeal.</p> <p>Same—Decisions Reviewable—Obdeb Overruling Demubbeb. An order overruling a demurrer is not appealable.</p>