title:
Wm C Bell, Plaintiff in error, vs A L McCoy & Con O Brien, Co Partners, doing business under the firm name of McCoy & O Brien, Defendant in error, brief for Plaintiff in error.
title:
580
creator:
William C. Bell
contributor:
Doolittle
contributor:
Pritchard
date:
1889-01
publisher:
Washington State Supreme Court
type:
Civil
subject:
Civil Procedure
language:
eng
format:
application/pdf
description:
Prior History: Error to District Court, Whitman County.Action before a justice of the peace by William C. Bell against A. L. McCoy and Con O'Brien, copartners doing business under the firm name of McCoy & O'Brien. The justice rendered judgment for plaintiff, which was affirmed by the district court, on certiorari. Defendants bring error.Appearance – What Constitutes – Notice – Justices of the Peace – Judgment – Entry – Parties Not Served – Code Wash. T., § 1755, provides that the parties to an action in a justice’s court shall be entitled to one hour in which to appear, after the time mentioned in the notice for appearance. Section 72 provides that “a defendant appears in an action when he answers, demurs or gives the plaintiff written notice of his appearance, or when an attorney gives notice of an appearance for him.” Held, that a defendant must, in person or by attorney, give notice of his appearance within an hour of the time set for trial, and a mere corporal presence of defendant or his agent at the place of trial, within the hour, is not sufficient.Code Wash. T., § 1781, provides that when a defendant who has been served with a true copy of the complaint and notice fails to appear and plead within the time specified in the notice, or within an hour thereafter, in an action in a justice’s court, judgment shall be given without further evidence. Held, that where, on the expiration of an hour from the time set for trial, no appearance having been entered for defendant, plaintiff demands judgment, and shortly afterwards persons present object, as agents for defendant, but the justice says, “I will have to render judgment,” and refers such agents to § 1781, judgment is entered for plaintiff, which cannot be modified or changed, though after plaintiff and his attorney depart the justice grants defendant a continuance, but enters up the judgment for plaintiff several hours thereafter.Where only one of two defendants is served with process, it is error to render personal judgment against both, though they are alleged in the complaint to be partners.
relation:
McCoy v. Bell, 1 Wash. 504 (1889)
relation:
20 P. 595
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf