Teater v. King

Citations

• 35 Wash. 138
• 76 P. 688
• 1904 Wash. LEXIS 425

Syllabus

<p>Trial — Appearance—Waives of Special Appearance — Motion to Dismiss Action of Unlawful Detainee. Where a special appearance is made to quash a summons in unlawful detainer and the writ of restitution, for want of jurisdiction, and a motion is subsequently made to dismiss the action for the reason that no summons has been issued or served, the motion to dismiss invokes the jurisdiction of the court on the merits, and waives the special appearance.</p> <p>Unlawful Detainee — Notice to Quit — Sufficiency of Time Allowed — Monthly Rental. Where rent was paid November 23d for one month in advance under a tenancy from month to month, a notice to quit on December 23d, served on December 2d, was in 'time.</p> <p>Landlord and Tenant — Unlawful Detainer — Validity of Sublease — Evidence—Sufficiency—Question fob Juey. In an action of unlawful detainer brought by a tenant of the whole premises against a subtenant of a part, there is sufficient evidence to require the submission to the jury of an issue as to whether defendant was rightfully in possession under a sublease prior to plaintiff’s lease, where it appears that the owners originally leased to D for an indefinite period, and D subleased for two years, subject to the continuance of her own term, and the owners in writing recognized the sublease, and for a valuable consideration agreed to approve the same, and the evidence tended to show that plaintiff, who bought out D before the expiration of said two years, had knowledge at the time, of the sublease, and of the owner’s recognition thereof.</p> <p>Same — Owner’s Recognition Conclusive. In such case, the plaintiff cannot raise the question of the validity of the original lease, nor of the owner’s recognition of the sublease, when those questions are not raised by the owner.</p> <p>Same — Defenses. In an action of unlawful detainer against a subtenant, where the evidence tended to show that he was not guilty of the wrongful detention, it cannot be claimed that his right