State ex rel. Schmidt v. Superior Court

Citations

• 62 Wash. 556
• 114 P. 427
• 1911 Wash. LEXIS 743

Syllabus

<p>Judgment — Conclusiveness—Judgment On Demurrer. Where a demurrer to the merits of a petition in intervention is sustained and the complaint dismissed, the judgment is final and a bar to any recovery on the grounds stated.</p> <p>Same — Dismissal in Equity. A decree dismissing a bill in equity without restricting its scope is presumed to be on the merits and is res judicata.</p> <p>Eminent Domain — Proceedings—Review—Certiorari. Error in sustaining a demurrer to a complaint in intervention in condemnation proceedings can only be reviewed by a timely application for a writ of certiorari.</p> <p>Judgment — Conclusiveness—Eminent Domain — Pleadings. The fact that pleadings are not required in condemnation proceedings, does not affect the conclusiveness of a judgment thereon.</p> <p>Pleadings — Amendment—Diligence—Discretion. It is discretionary to refuse leave to file amended answers at the trial, where two years had elapsed after demurrers were sustained to the new matter in the answers.</p>