State v. Vinther

(dissenting) — In the Departmental opinion, 183 Wash. 350, 48 P. (2d) 915, to which the majority adheres, it was held that the trial court had erred in granting the motion made by the defendant (respondent here) for judgment of dismissal upon the pleadings. The Department held that the defendant’s affirmative defense, to which the plaintiff had not replied, and which the court held good as against a demurrer, stated no defense in law, and that the trial court had erred in ruling to the contrary.

In the last paragraph of the opinion, the trial court is directed to enter judgment on the…