Washington National Building, Loan & Investment Ass'n v. Saunders

Citations

• 24 Wash. 321
• 64 P. 546
• 1901 Wash. LEXIS 536

Syllabus

<p>DISMISSAL OF ACTION-BIGHT WHEN AFFIRMATIVE RELIEF DEMANDED IN ANSWER.</p> <p>Under the code procedure, whether the action he of legal or equitable cognizance, the plaintiff has no right to dismiss his action, when a counterclaim has been set up and affirmative relief demanded by the defendant. (Waite v. Wingate, 4 Wash. 324, overruled as to this point.)</p> <p>SAME-FORECLOSURE OF PLEDGE-TRIAL OF PARAMOUNT TITLE.</p> <p>In an action to foreclose a pledge of shares of stock, the fact .that defendant’s answer sets up a claim of paramount title to the shares of stock in controversy, affords plaintiff no right to demand a dismissal of his action, on the ground of being privileged to elect not to try title in such action.</p> <p>(California Safe Deposit a/ncl Trust Co. v. Cheney Electric Light, etc., Co., 12 Wash. 138, limited to mortgage foreclosure suits).</p> <p>APPEAL-HARMLESS ERROR-SUSTAINING DEMURRER TO PLEADING.</p> <p>Error of the court, if any, in sustaining a demurrer to a reply, is cured by the subsequent admission of testimony in support of the allegations contained in the reply.</p>