Legal Opinion

Walton v. Hartman

Washington Supreme Court

Decided March 30, 1905No. 5479Published

Appeal from a judgment of the superior court for Okanogan county, Hon. William Baines, Court Commissioner, entered July 16, 1904, in favor of the plaintiff, upon default of the defendants to plead over, after the overruling of a demurrer to the complaint.

1Opinion of the CourtHoot, J.

In this ease., appellant Mary Hartman was served with summons and. complaint, but no service was had upon Wm. G. Hartman, and he never appeared in the action. To respondent’s complaint, Mary Hartman interposed a demurrer, which was overruled by tbe trial court, and an allowance of forty days made ber within wbicb to further plead. She having neglected to plead over, and not expressing an intention to stand upon ber demurrer, tbe trial court, at tbe expiration of sixty-nine days, entered an order of default against ber. and a few days *35later entered judgment accordingly. Both the order and…

2Cases cited6 opinions

  1. McCord v. McCordWashington Supreme Court · 1901
  2. Livesley v. O'BrienWashington Supreme Court · 1893
  3. Pacific Supply Co. v. BrandWashington Supreme Court · 1893
  4. Bozzio v. VaglioWashington Supreme Court · 1894
  5. State ex rel. Hennessy v. HustonWashington Supreme Court · 1903

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