Reser v. Labude

Citations

• 103 Wash. 228
• 173 P. 1093

Syllabus

<p>Juey — Right to Juey Teial — Equity. An action to rescind and cancel an exchange of land being of equitable cognizance, and a claim for damages merely incidental, it is not an abuse of discretion to refuse a jury trial, since the verdict would be merely advisory.</p> <p>Continuance — Geounds—Want oe Peepaeation. It is not an abuse of discretion to refuse a second continuance where, upon plaintiffs’' first application, conditions were imposed and plaintiffs, on the day set, refused to comply with the conditions, expecting the case would he dismissed, and were therefore not prepared for trial when the adversary waived the conditions; it further appearing that some of the witnesses were in the city and most of them in the county and opportunity was offered to subpoena them.</p>