Pugsley v. Stebbins

Citations

• 87 Wash. 187
• 151 P. 501

Syllabus

<p>Appeal—Review—New Tbial. The discretion of tbe trial court in granting a new trial will not be reviewed upon appeal except for misconception of tbe law.</p> <p>Pleadings—Judgment on Pleadings—Reply—Issues. Judgment on tbe pleadings is erroneous where tbe reply to a plea of former adjudication set up new matter avoiding tbe plea and there were issuable facts for tbe jury.</p> <p>New Tbial—Right to—Ebbob of Law. Where tbe trial court erroneously granted judgment on tbe pleadings, it may correct tbe error by granting a motion for new trial.</p>