Agassiz v. Kelleher

*89The opinion of the co.urt was delivered by

Scott, J.

A former appeal was taken in this case, which was dismissed upon the appellant’s motion, for the purpose of allowing him to move for a correction of the judgment entry in the lower court, and taking another appeal therefrom. 9 Wash. 656 (38 Pac. 221). A default judgment had been entered against the appellant, on which the first appeal was taken. After said appeal was dismissed, this judgment was set aside and a judgment of dismissal was entered upon the order sustaining a demurrer to the complaint, the plaintiff having elected to stand…