Legal Opinion
Lauridsen v. Lewis
Washington Supreme Court
Decided November 19, 1907No. 7069PublishedCited by 3 opinions
Appeal by defendant from a judgment of the superior court for Clallam county, Still, J., entered July 9, 1907, upon findings generally in favor of the plaintiff but denying relief to either party, after a trial on the merits before the court without a jury.
1Opinion of the CourtHadley, C. J.
Respondent moves to dismiss this appeal, first, on the ground that the action is one at law for the recovery of money in which the original amount in controversy is less than $200. The appellant, as defendant in the action, interposed a counterclaim for the sum of $244.
“When the defendant files a counterclaim in the trial court and then appeals from a judgment against him, he occupies *595substantially the position of a plaintiff appealing from an adverse judgment, and therefore the amount so claimed affirmatively by him becomes the appellate amount in controversy.” 1 Ency. Plead. & Prac., p. 734.
2Cases cited3 opinions
- State ex rel. Hennessy v. HustonWashington Supreme Court · 1903
- Hennessy v. Tacoma Smelting & Refining Co.Washington Supreme Court · 1903
- Sorrill v. McGouganWashington Supreme Court · 1906
3Cited by3 opinions
- Crawford v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1917
- Northern Pacific Railway Co. v. ShoemakeWashington Supreme Court · 1912
- Gorham-Revere Rubber Co. v. Broadway Automobile Co.Washington Supreme Court · 1913