Legal Opinion

Arthur v. Washington Water Power Co.

Washington Supreme Court

Decided March 23, 1906No. 5927PublishedCited by 7 opinions

Appeal from a judgment of the superior court for Spokane county, Huneke, J., entered March 18, 1905, dismissing an action on motion of the defendant, for failure to prosecute with diligence.

1Opinion of the CourtHadley, J.

— This appeal is from a judgment dismissing an action for failure to diligently prosecute it. The complaint and summons were served upon the defendant on July 8, 1902. On the 25th day of the same month certain motions were served and filed by the defendant, among which was a motion for an order requiring the plaintiff to pay the costs of an action theretofore instituted by the plaintiff against the defendant, such payment to be required as a condition precedent to the prosecution of this action. The motion stated that the former* action was for the same eause; as that set forth in this…

2Cases cited4 opinions

  1. Langford v. MurpheyWashington Supreme Court · 1902
  2. First National Bank v. HuntWashington Supreme Court · 1905
  3. Schwede v. HemrichWashington Supreme Court · 1902
  4. Plumley v. SimpsonWashington Supreme Court · 1903

3Cited by7 opinions

  1. State Ex Rel. Goodnow v. O'PhelanWashington Supreme Court · 1940
  2. Congdon v. AumillerWashington Supreme Court · 1914
  3. State v. District Court, Lewis & Clark CountyMontana Supreme Court · 1957
  4. Greenwood v. Puget Mill Co.Washington Supreme Court · 1920
  5. Business Services of America II, Inc. v. WaferTech, LLCWashington Supreme Court · 2012

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