Womer v. O' Brien

Citations

• 37 Wash. 9
• 79 P. 474
• 1905 Wash. LEXIS 659

Syllabus

<p>Fisheries' — Location of Traps — Validity—Expiration or Abandonment of Prior Location. Where a fish trap location is originally invalid because of a prior conflicting one, it does not become valid upon the expiration, nor by the abandonment, of the prior location.</p> <p>Same — Abandonment of Site. Under Laws 1899, p. 203, § 9, a trap location is not abandoned fifteen days before the expiration of the license, because of failure to construct a trap at that time, when the fishing season covered by the license had not expired at that time.</p> <p>Same — Injunction—Parties—Waiver of Objection. In an action to enjoin the construction of a fish trap upon a location alleged to have been abandoned by the owner, the plaintiff can not show, upon its appearing that the location was not abandoned, that a third party was the real owner of the location, after having proceeded against the defendant as the owner thereof.</p>