Davis v. Ford

• Decision Date: 02 October 1896
• Citation: 15 Wash. 107,46 P. 393
• Parties: DAVIS v. FORD ET AL.
• Court: Washington Supreme Court

46 P. 393

15 Wash. 107

DAVIS v. FORD ET AL.

Supreme Court of Washington

October 2, 1896

Motion to modify judgment.

PER CURIAM.

In the opinion heretofore filed in this case (45 P. 739, 743) it was said that "the defendants will have as much time after the remittitur is sent down in which to cut and remove the timber to which they are entitled under the terms of sale and the decree as they would have had if this action had not been instituted." And the defendants now move this court to add thereto the following: "That such time to be given during the year 1897, covering the same months of the year, that these defendants would have had during the year 1895 had not this suit been instituted." This motion is accompanied by affidavits showing that it is impracticable to cut and remove timber at or near Nookachamps creek and Blarney lake during the winter months, owing to excessive rainfall. If this fact had been brought to our attention before the opinion was prepared, the order requested would have been included thereon; and as the request seems reasonable and proper under the circumstances, and as we are unable to perceive how the plaintiff can be in any wise injured by granting it at this time, the motion is hereby granted, and the defendants are given the same time during the year 1897, and including the same months of the year, that they would have had during the year 1895 had not this suit been instituted.