Pickle v. Anderson

Citations

• 62 Wash. 552
• 114 P. 177
• 1911 Wash. LEXIS 742

Syllabus

<p>Election of Remedies — Inconsistent Actions — Bab. An action by the makers of a note arid mortgage against the payee and others for an accounting for the proceeds thereof, constitutes an election of remedies, and precludes the plaintiffs from prosecuting an action for a cancellation, as the same are inconsistent.</p> <p>Parties — Intervention—Leave of Court. Application for leave to intervene being made ex parte, the refusal of the court to strike a complaint in intervention, filed without leave, is equivalent to an order permitting the filing thereof.</p> <p>Payment — Pleading. Payment is an affirmative defense to be pleaded, and cannot be raised under a claim of want of consideration.</p> <p>Dismissal and Nonsuit — Interveners—Statutes. The dismissal of an action for the cancellation of a note and mortgage does not affect an intervener’s right as holder to foreclose, under Rem. & Bal. Code, § 202, authorizing an intervener to demand relief adversely to the parties, and Id., § 203, requiring the court to determine the rights of the intervener at the same time the action is decided.</p>