Legal Opinion

Noyes v. Loughead

Washington Supreme Court

Decided June 30, 1894No. 1341PublishedCited by 6 opinions

Appeal from Superior Court, King County. Action by John Noyes against J. H. Loughead, J. C. Nixon, J. L. Kahaley and H. H. Burnett, upon a bond conditioned for the payment of the rental of certain premises in the city of Seattle.

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Appeal from Superior Court, King County. Action by John Noyes against J. H. Loughead, J. C. Nixon, J. L. Kahaley and H. H. Burnett, upon a bond conditioned for the payment of the rental of certain premises in the city of Seattle. The lease of the premises contained the following provision: 1 ‘ Said parties of. the first part do by these presents lease and demise unto the party of the second part, and the party of the second part hereby does hire and take from .the parties of the first part, all of that double basement, four story brick building, etc., said building being now under course of…

1Opinion of the Court

The opinion of the court was delivered by

Hoyt, J.

— In the cause in which this appeal was prosecuted, the defendants filed an amended answer, which was *327challenged by demurrer and held insufficient. After this they filed their second amended answer, setting up substantially the same defense as in the first one. Thereupon respondent moved the court to strike it from the files, and for judgment on the pleadings for want of an answer. Motions of this kind, under the circumstances of this case, are not directly recognized by our statute, and the practice of interposing them should not be…

2Cited by6 opinions

  1. Ray v. WilliamsSupreme Court of Florida · 1908
  2. Rohan v. ProctorCalifornia Court of Appeal · 1923
  3. Milbourn v. AskaOhio Court of Appeals · 1946
  4. King County v. SutterWashington Supreme Court · 1954
  5. Mazarredo v. GarcíaSupreme Court of Puerto Rico · 1923

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