Interstate Sav. & Loan Ass'n v. Knapp

• Decision Date: 23 January 1899
• Citation: 20 Wash. 225,55 P. 931
• Court: Washington Supreme Court
• Parties: INTERSTATE SAVINGS & LOAN ASS'N v. KNAPP et al.

55 P. 931

20 Wash. 225

INTERSTATE SAVINGS & LOAN ASS'N v. KNAPP et al.

Supreme Court of Washington

January 23, 1899

Petition for rehearing. Denied.

For former opinion, see 55 P. 48.

PLEADINGS--AMENDMENT AFTER REVERSAL--DISCRETION OF TRIAL COURT.

Where a judgment is reversed, and the cause remanded for further proceedings, the question of the right of amendment of pleadings is within the original discretion of the trial court.

REAVIS, J.

Appellants have requested that the opinion heretofore filed in this cause reversing and remanding it to the superior court be made more specific relative to the right of that court to allow amendments to the pleadings. The opinion filed directed such further proceedings in the superior court as were not inconsistent with the decision here. The cause was thus remanded with the question of the amendments of pleadings submitted to the original discretion of the superior court, and it would perhaps be improper for the court in this case by intimation to attempt to control such discretion of the superior court. With this further statement in addition to the opinion, the petition for rehearing is denied.

GORDON, C.J., and DUNBAR and ANDERS, JJ., concur.