Nelson v. Campbell
Washington Supreme Court
Error to District Gourt, King Gounty. Thomas H. Campbell commenced an action against Hans Nelson, one of the appellants, in the justice’s court of H. F. Jones, justice of the peace in the Seattle precinct, King county, for $100 commission on sale of real estate. A change of venue was had to the justice’s court of N. Sod-erberg, justice of the peace in the same precinct. December 28, 1888, the case was tried before Justice Soderberg and a jury.
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Error to District Gourt, King Gounty. Thomas H. Campbell commenced an action against Hans Nelson, one of the appellants, in the justice’s court of H. F. Jones, justice of the peace in the Seattle precinct, King county, for $100 commission on sale of real estate. A change of venue was had to the justice’s court of N. Sod-erberg, justice of the peace in the same precinct. December 28, 1888, the case was tried before Justice Soderberg and a jury. The jury failed to agree, and were discharged. The court adjourned, continuing the case to March 6,1889. March 4,1889, Justice Soderberg’s term of…
1Opinion of the Court
The opinion of the court was delivered by
Dunbar, J.
If the appellee, in support of his judgment, relies upon the commencement of the action before Justice Jones, and which was tried before Justice Soder-berg on the 28th day of December, 1888, (and the case has evidently been tried upon that theory, from the fact that the costs in Justice Jones’ and Soderberg’s courts are incorporated in the judgment rendered by Justice Rivers), his case must fail; for the period from December 28, 1888, to March 6, 1889, the date to which the case was continued, is more than sixty days; and under 1769 of the…
2Cited by4 opinions
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