Bellingham Bay & British Columbia Railroad v. Strand
Washington Supreme Court
Error to District Court, Whatcom County. The facts are fully stated in the opinion. Defendant’s answer to the complaint contained new affirmative matter constituting a defense, to wit: The allegation that it had been in the quiet possession of the premises in controversy for more than one year immediately preceding the filing of the original complaint; and to this there was no reply whatever by the plaintiff, and the allegation must therefore be taken as true, because it is…
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Error to District Court, Whatcom County. The facts are fully stated in the opinion. Defendant’s answer to the complaint contained new affirmative matter constituting a defense, to wit: The allegation that it had been in the quiet possession of the premises in controversy for more than one year immediately preceding the filing of the original complaint; and to this there was no reply whatever by the plaintiff, and the allegation must therefore be taken as true, because it is material, and stands uncontroverted. Code of 1881, § 103; Scofield v. State National Bank, 9 Neb. 316; Ballanger v.…
1Opinion of the Court
Tbe opinion of tbe court was delivered by
Dunbak, J.
Tbis is an action for forcible entry and de-tainer brought in tbe justice’s court of Whatcom precinct, Whatcom county, Washington Territory, under tbe provisions of chapter 123 of tbe Code of Washington, by H. B. Strand, plaintiff, against tbe Bellingham Bay and British Columbia Eailroad Company, a corporation, defendant, to recover possession of a certain lot or parcel of land upon which defendant was alleged to have unlawfully entered on the 28th day of January, 1889, and since then to have remained in the possession thereof up to the time…
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- Klepsch v. DonaldWashington Supreme Court · 1894
- Cabell v. HardwickCourt of Appeals of Virginia · 1798
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