Foltz v. Manson

(concurring) — I concur in the views expressed by Judge Mitchell.

However, I wish to add that the minority view would disregard our statute, Rem. Comp. Stat., § 1752, prescribing our duty to “consider all amendments which could have been made, as made.” This command we have followed with fair consistency since Allend v. Spokane Falls & Northern Railway Co., 21 Wash. 324, 58 Pac. 244, to date, in cases tried by the court and by a court and jury. It has, also, been our uniform rule of practice that, in the absence of a statement of facts, it will be presumed that a pleading, if defective, was…