Weidlich v. Independent Asphalt Paving Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Kitsap county, French, J., entered November 26, 1915, in favor of the defendant, upon sustaining a challenge to the evidence, dismissing an action of ejectment, tried to the court.
1Opinion of the Court
Holcomb, J. —
Although appellants brought their action in the form of ejectment, upon the opening statement of counsel for appellants in the trial below, the court determined that the action was in substance an action to determine whether or not the boundaries of the lands between appellants and respondent had become lost or uncertain, they not being able to agree upon the establishment of the same,' and that the action was, therefore, one to establish the boundary of lands and triable, under Rem. Code, § 947, by the court as a court of equity. The court thereupon discharged the jury and…
2Cases cited14 opinions
- Hoover v. KingOregon Supreme Court · 1903
- Turner v. CreechWashington Supreme Court · 1910
- Griffin v. HallSupreme Court of Alabama · 1895
- College Corner & Richmond Gravel Road Co. v. MossIndiana Supreme Court · 1883
- Porter v. CountsCalifornia Court of Appeal · 1907
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Norrie v. FlemingIdaho Supreme Court · 1941
- Michael Weaver v. City Of EverettCourt of Appeals of Washington · 2018
- Booten v. PetersonWashington Supreme Court · 1949
- Neeley v. MaurerWashington Supreme Court · 1948
- Golden Condor, Inc. v. BellIdaho Supreme Court · 1987
1 more not listed; retrieve them via the Exa API.