Plummer v. Weil

Citations

• 15 Wash. 427
• 46 P. 648
• 1896 Wash. LEXIS 211

Syllabus

<p>MOTION FOR DEFAULT — BILL OF PARTICULARS— AMENDMENT — PLEADING— DISMISSAL OF ACTION.</p> <p>Where a.motion for default for failure to plead within the time ordered by the court has been denied, it must be presumed on appeal that sufficient was shown to justify the exercise of the court’s discretion íd that regard.</p> <p>The filing by defendant of a motion for a bill of particulars is sufficient, ipso facto, to extend'the time for answering.</p> <p>When a bill of particulars furnished by plaintiff pursuant to an order of the-court is insufficient, the court has authority to order him to file a further and amended bill of particulars.</p> <p>In an action by an attorney to recover the value of professional services he may be required to particularize the services and the value of each item, and his failure to keep an account thereof cannot be set up as an excuse for not complying.</p> <p>Under Code Proc., §409, authorizing the dismissal of an action by the court, for disobedience .of the plaintiff to an order concerning the proceedings in an action, the court is warranted in dismissing an action upon the failure of the plaintiff to comply with an order directing an amended bill of particulars to be furnished.</p>