Wiley v. Northern Pacific Railway Co.
Washington Supreme Court
Appeal from an order of the superior court for Chehalis county, Irwin, J., entered December 29, 1909, granting plaintiff a new trial, after granting a nonsuit, in an action of ejectment.
1Opinion of the CourtMount, J.
This .is an appeal from an order granting a new trial. The action was brought by the respondents to eject the appellant from the occupation' of lots 3 and 5, block 9, Aberdeen tide lands, and for damages. The case was tried to a jury. At the close of plaintiffs’ testimony, the court granted a nonsuit, upon the ground that the plaintiffs had failed to show that the defendant was occupying any part of the lots. Upon a motion for a new trial, the court concluded that there was some evidence that defendant was occupying a portion of the lots, and therefore granted the motion for a new trial. The…
2Cases cited4 opinions
- Mecham v. McKayCalifornia Supreme Court · 1869
- Johnson v. PowersCalifornia Supreme Court · 1884
- Woodworth v. ThompsonNebraska Supreme Court · 1895
- Kiefer v. LaraWashington Supreme Court · 1909
3Cited by1 opinion
- Smith v. SaulsberryWashington Supreme Court · 1930