Burns v. Commencement Bay Land & Improvement Co.

The opinion of the court was delivered by

Scott, J. —

The respondent moves to dismiss the appeal because no motion for a new trial was made in the court below. We have previously held, in Jones v. Jenkins, 3 Wash. 17, that a motion for a new trial was not necessary, except to call the attention of the court and to obtain a ruling upon matters which had not been previously presented, and which there had been no opportunity to present during the progress of the trial. In this action, when the plaintiff had introduced his proof, the defendant moved for a non-suit, which the court granted. The…