Legal Opinion

Sayward v. Carlson

Washington Supreme Court

Decided January 29, 1890No. 577PublishedCited by 85 opinions

Error to District Oourt, King County. The facts are fully stated in the opinion. The court had no jurisdiction of the defendant on the case made; defendant’s appearance to the action afterward did not waive his right to question the jurisdiction in this court. Harkness v. Hyde, 98 U. S. 478-9; Yesler v. Ogles-bee, 1 Wash. T. 605; Bentz v. Eubanks, 4 Pac. Hep. 271; Pennoyer v. Neff,95 U. S. 714; Wald v. Wilson, 2 Wash. T. 376. The motion for nonsuit should have been granted.

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Error to District Oourt, King County. The facts are fully stated in the opinion. The court had no jurisdiction of the defendant on the case made; defendant’s appearance to the action afterward did not waive his right to question the jurisdiction in this court. Harkness v. Hyde, 98 U. S. 478-9; Yesler v. Ogles-bee, 1 Wash. T. 605; Bentz v. Eubanks, 4 Pac. Hep. 271; Pennoyer v. Neff,95 U. S. 714; Wald v. Wilson, 2 Wash. T. 376. The motion for nonsuit should have been granted. Carlson, Beaton, Hall and Boyd were fellow-servants. Cooley on Torts, p. 532-5, and notes; Whart. Neg. 229; Shearm. &…

1Opinion of the Court

*33The opinion of the court was delivered by

Stiles, J.

On the 29th day of March, 1885, the defendant in the court below was the proprietor of the Port Madison Mill, at Port Madison, Kitsap county. At the mill he carried on the business of manufacturing lumber, rough and dressed, and thence by means of schooners which he owned, he shipped the lumber to various ports of the Pacific ocean for market.

The mill premises consisted of an enclosed yard containing one or two acres, with gates for the entrance and exit of employes, as the business required. Inside of the yard, and occupying one side of it,…

2Cases cited7 opinions

  1. Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
  2. Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
  3. Crispin v. . BabbittNew York Court of Appeals · 1880
  4. Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
  5. Quincy Mining Co. v. KittsMichigan Supreme Court · 1879

2 more not listed; retrieve them via the Exa API.

3Cited by85 opinions

  1. Sofie v. Fibreboard Corp.Washington Supreme Court · 1989
  2. Wichert v. CardwellWashington Supreme Court · 1991
  3. In Re Parentage of LBWashington Supreme Court · 2005
  4. Carvin v. BritainWashington Supreme Court · 2005
  5. Williams v. MilesNebraska Supreme Court · 1903

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