King v. Ilwaco Railway & Navigation Co.
Washington Supreme Court
Appeal from District Court, Pacific County. The facts are fully stated in the opinion. Tbe plaintiff did not demur to tbe new matter stated in tbe answer, but filed a reply denying tbe same. Tbe motion for judgment on tbe pleadings, therefore, came too late. A judgment on tbe pleadings, while such an issue of fact is pending, is erroneous. Tbe statute does not authorize a plaintiff to demur, orto make such motion, after filing a reply denying tbe new matter in tbe answer.
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Appeal from District Court, Pacific County. The facts are fully stated in the opinion. Tbe plaintiff did not demur to tbe new matter stated in tbe answer, but filed a reply denying tbe same. Tbe motion for judgment on tbe pleadings, therefore, came too late. A judgment on tbe pleadings, while such an issue of fact is pending, is erroneous. Tbe statute does not authorize a plaintiff to demur, orto make such motion, after filing a reply denying tbe new matter in tbe answer. Code, 86-8; 15 Iowa, 438; Van 'Valen v. Lapham, 13 How. Pr. 240. Tbe office of a demurrer, and of a motion for judgment on…
1Opinion of the Court
Tbe opinion of tbe court was delivered by
Scott, J.
Tbe question presented in this case is on tbe construction of the pleadings. . Tbe complaint (omitting tbe formal parts) is as follows:
*129“ The above named plaintiff, complaining of tbe above named defendant, for its cause of action, alleges: That- the plaintiff is, and during all the time therein alleged was, a corporation duly formed, incorporated, organized and existing under and by virtue of the laws of the Territory of Washington, for the purpose, among other things, of building, equipping, operating and maintaining a railroad from the town…
2Cited by9 opinions
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- Ramey v. SmithWashington Supreme Court · 1910
- Grout v. Tacoma Eastern RailroadWashington Supreme Court · 1903
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