Hall v. Skavdale
Washington Supreme Court
Appeal from Superior Court, Clallam County. — Hon. James Gr. McClinton, Judge. Hpon the sustaining of a demurrer to the complaint, plaintiff obtained leave to amend, and was given ten- days therefor. Ho amendment' was offered within the time limited, whereupon defendant moved the court to dismiss the action. ' Plaintiff was duly served with notice of the hearing, hut failed to contest such motion, which was sustained by the court and the action dismissed.
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Appeal from Superior Court, Clallam County. — Hon. James Gr. McClinton, Judge. Hpon the sustaining of a demurrer to the complaint, plaintiff obtained leave to amend, and was given ten- days therefor. Ho amendment' was offered within the time limited, whereupon defendant moved the court to dismiss the action. ' Plaintiff was duly served with notice of the hearing, hut failed to contest such motion, which was sustained by the court and the action dismissed. Plaintiff now appeals.
1Per curiam
Motion is made to dismiss this action for want of jurisdiction on the part of this court to try the same. The case falls squarely within the rule announced in Pacific Supply Co. v. Brand, 7 Wash. 357 (35 Pac. 72), and the motion will therefore be sustained.
It is urged by appellant that no proper service of the motion has been made, but, this being a jurisdictional question, as has often been decided by this court, the motion will be entertained, even upon an oral suggestion at the time of the trial.
The appeal is therefore disinissed.
2Cases cited1 opinion
- Pacific Supply Co. v. BrandWashington Supreme Court · 1893
3Cited by6 opinions
- Woodward v. McConnaugheyCourt of Appeals for the Ninth Circuit · 1901
- Macy v. SullivanWashington Supreme Court · 1906
- Rayburn v. AbramsWashington Supreme Court · 1909
- Wilson v. MartinWashington Supreme Court · 1906
- State v. McCollumWashington Supreme Court · 1943
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