Virtue v. Stanley
Washington Supreme Court
Appeal from an order of the superior court for King county, Albertson, J., entered October 28, 1913, requiring the defendants to make an election between their defenses.
1Opinion of the CourtMount, J.
The respondent moves to dismiss the appeal in this case for the reason that the order appealed from is not an appealable order. The action was begun by the respondent to foreclose a mortgage upon real estate. The defendants, in answering the complaint, interposed affirmative defenses to the effect, first, want of consideration for the note and mortgage; second, fraud in the procurement of the note and mortgage; third, a counterclaim based upon covenants of title in the deed, of which the mortgage represented a part of the purchase price; and fourth, a cross-complaint in the nature of a…
2Cases cited7 opinions
- Pringle v. PringleWashington Supreme Court · 1909
- County of Snohomish v. RuffWashington Supreme Court · 1896
- State ex rel. Stratton v. TallmanWashington Supreme Court · 1902
- State ex rel. Twigg v. Superior CourtWashington Supreme Court · 1904
- Vaktaren Publishing Co. v. Pacific Tribune Publishing Co.Washington Supreme Court · 1906
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3Cited by5 opinions
- Whitehead v. StringerWashington Supreme Court · 1919
- Oliver v. PolsonWashington Supreme Court · 1919
- Hutchinson Co. v. FaheyWashington Supreme Court · 1917
- Kelly-Springfield Tire Co. v. Lotta Miles Tire Co.Washington Supreme Court · 1924
- Pelly v. BehnemanWashington Supreme Court · 1932