Veysey v. Bernard

Citations

• 49 Wash. 571
• 95 P. 1096
• 1908 Wash. LEXIS 622

Syllabus

<p>Appeal — Review—Harmless Error — Parties — Substitution — Pleading. Upon the death of a party, the substitution of his successor in interest without requiring him to plead over is not prejudicial error, where the motion for substitution was in the nature of a supplemental pleading alleging a transfer of interest, which was adopted by appellant, who was not prevented from controverting the fact and did not suffer thereby.</p> <p>Trial — Conduct — Pleading — Oral Demurrer — Necessity of Written Pleadings. Where, after trial commenced, leave is granted to file a supplemental answer setting up a counterclaim, it is not error to require the trial to proceed, after the court had announced that a demurrer would be sustained, it being understood that it was so traversed by oral demurrer.</p> <p>Set-Off and Counterclaim — Attachment—Wrongful Attachment-Pleading. A counterclaim for damages arising out of the wrongful issuance of attachment cannot be pleaded in answer to the complaint in the original action.</p> <p>Bankruptcy — Dismissal—Effect—Prosecution in State Court. In involuntary bankruptcy proceedings, the bankruptcy court has no power, on motion of plaintiff to dismiss, to enter a judgment of dismissal that will preclude further prosecution of the claim against the debtor in the state courts.</p> <p>Abatement a-nd Revival — Grounds—Federal and State Courts' — • Unfounded Appeal. Where the bankruptcy court, .in the dismissal of the petition in bankruptcy, inadvertently recited that the dismissal was without right to further prosecute the claim, an appeal from an order correcting the inadvertence will not abate an action in the state courts against the debtor, as the plea in abatement is easily determinable without reference to the appeal.</p>