Record Pub. Co. v. Monson

• Court: Washington Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: Record Pub. Co. v. Monson, 123 Wash. 569, 215 P. 71 (Wash. 1923)
• Decision Date: 03 May 1923
• Docket Number: 17634.
• Parties: RECORD PUB. CO. v. MONSON.

215 P. 71

123 Wash. 569

RECORD PUB. CO. v. MONSON.

No. 17634.

Supreme Court of Washington, En Banc.

May 3, 1923

Appeal from Superior Court, King County; Austin E. Griffiths, Judge.

Opinion (213 P. 13) modified, and judgment affirmed.

Roberts & Skeel and J. J. Geary, all of Seattle for appellant.

Preston Thorgrimson & Turner, of Seattle, amicus curiae.

W. M Bruce, of Seattle, for respondent.

PER CURIAM.

In this case, reported in 213 P. 13, there had previously been written a departmental opinion, which, after hearing en banc was rewritten to some extent, and it was stated in the statement of the pleadings and issues that the demurrer to the affirmative defense was sustained. Upon rewriting the statement that the demurrer was sustained was taken from the brief of amicus curiae (page 2).

Since the court overruled the demurrer to the affirmative defense and appellant stood upon the demurrer, the only thing to do is to enter judgment upon the affirmative defense for the $3.75 pleaded, as contracted to be paid.

The opinion is therefore...