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· 2/19/1907

Washington Dredging & Improvement Co. v. Cannel Coal Co.

Citations

  • 45 Wash. 462
  • 88 P. 836
  • 1907 Wash. LEXIS 493

Syllabus

<p>Pleading — Particularity—Complaint—Failure to Amend — Dismissal. In an action to obtain a deed of tide lands, by reason of the alleged ownership of abutting upland, the plaintiff may be required to set forth a description of the uplands which were the basis of his right to purchase the tide lands, and the same would not be requiring him to plead his evidence; and it is not an abuse of discretion to dismiss the action upon plaintiff’s refusal so to do.</p> <p>Judgments — Default—Motion After Appearance — Grounds. A motion for default cannot be made ten days after defendant’s appearance, on the ground that the appearance presented a frivolous and dilatory motion, where the court did not regard the motion as frivolous but properly sustained the same.</p>

Judges: Root

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