Sether v. Clark

Citations

• 24 Wash. 16
• 63 P. 1106
• 1901 Wash. LEXIS 487

Syllabus

<p>APPEAL-DISMISSAL-CESSATION OF CONTROVERSY.</p> <p>An appeal from an order sustaining a demurrer to a cross complaint which seeks to enjoin one of the parties thereto from prosecuting another action involving the same subject matter should be dismissed on the ground of cessation of the controversy, where it appears that, prior to the sustaining of the demurrer, the two actions had been consolidated and would be tried as one cause.</p> <p>SAME-ANTICIPATION OP ERROR-PRESCRIBING RULES POR TRIAL COURT.</p> <p>The supreme court will not lay down rules for the lower court in anticipation of error on the trial of a cause, but will confine itself to the review of errors, when committed.</p>