Hall v. Skavdale

Decision Date27 May 1899
Citation57 P. 807,21 Wash. 203
CourtWashington Supreme Court
PartiesHALL v. SKAVDALE.

Appeal from superior court, Clallam county; James G. McClinton, Judge.

Action by Albert E. Hall against Claus Skavdale. Leave to plaintiff to amend his complaint after demurrer sustained was granted, but no amendment was offered within the time limited, and defendant moved to dismiss, which motion was not contested, and the case dismissed, and plaintiff appeals. Dismissed.

Brady & Gay and Milo A. Root, for appellant.

A. A. Richardson, for respondent.

PER 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 Supply Co. v. Brand, 7 Wash. 357, 35 P. 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 dismissed.

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5 cases
  • State v. McCollum
    • United States
    • Washington Supreme Court
    • September 27, 1943
    ...tax, were overruled by Spokane & Eastern Trust Co. v. Spokane County, 70 Wash. 48, 51, 126 P. 54, Ann.Cas.1914B, 641. Hall v. Skavdale, 21 Wash. 203, 57 P. 807, Pacific Supply Co. v. Brand, 7 Wash. 357, 35 P. 72, overruled by Rayburn v. Abrams, 52 Wash. 414, 100 P. 751, where we held that a......
  • Woodward v. McConnaughey
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • February 11, 1901
    ... ... Kent (Super ... N.Y.) 4 N.Y.Supp. 802; Austin v. Wauful (Sup.) ... 13 N. Y. Supp. 184; Supply Co. v. Brand, 7 Wash ... 357, 35 P. 72; and Hall v. Skavdale, 21 Wash. 203, ... 57 P. 807. We think the motion should be denied. The ... appellants are not in the attitude of availing themselves ... ...
  • Wilson v. Martin
    • United States
    • Washington Supreme Court
    • July 17, 1906
    ...of Pl. & Pr. p. 96; 2 Cyc. 621, and cases cited. To the same effect see Pacific Supply Co. v. Brand, 7 Wash. 357, 35 P. 72; Hall v. Skavdale, 21 Wash. 203, 57 P. 807. The reason for the rule is thus stated in State District Courts Eleventh and First Jud. Dists. (Minn.) 53 N.W. 1157: 'That a......
  • Rayburn v. Abrams
    • United States
    • Washington Supreme Court
    • April 1, 1909
    ... ... The ... respondents rely on the cases of Pacific Supply Company ... v. Brand, 7 Wash. 357, 35 P. 72, and Hall v ... Skavdale, 21 Wash. 203, 57 P. 807. In the case of ... Pacific Supply [52 Wash. 415] Company v. Brand, after the ... ...
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