Davis v. Smith

In this proceeding, the relators seek a writ of mandamus directing the respondent to dismiss a pending claim without prejudice.

In King County cause No. 573459, the complaint was served September 7, 1960, but not filed with the clerk of the court until September 19, 1961. The answer was served October 4,1960, but not filed until November 3, 1961. The cause was at issue October 4, 1960, upon the serving of .the answer. Burns v. Payne, ante p. 323, 373 P. (2d) 790 (1962). It was not noted for trial until December 4, 1961. Rule of Pleading, Practice and Procedure 41.04W, RCW Vol. 0, in so far as…