Soder v. Adams Hardware Co.

Citations

• 38 Wash. 607
• 80 P. 775
• 1905 Wash. LEXIS 1215

Syllabus

<p>Appeal and Error—Record—Affidavits How Brought up— Continuance. Affidavits used on a hearing of an application for a continuance, and affidavits after judgment contradicting the recitals of the judgment, cannot be considered on. appeal When not brought up in a statement of facts.</p> <p>Continuance—Costs Upon Granting—Actions—Dismissal. Upon granting a continuance upon the application of the plaintiff, the court may impose the payment of costs within 30 days, and dismiss the action, without prejudice, at the cost of plaintiff, upon nonpayment of the costs of the continuance within the time fixed.</p> <p>Same—Appeal—Review—Immaterial Error. Upon dismissing a case for nonpayment of the costs of a continuance, error in overruling a demurrer to affirmative defenses is immaterial.</p>