Reports of Cases Determined in the Supreme Court of the State of Washington Volume 27

Reports of Cases Determined in the Supreme Court of the State of Washington Volume 27

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ... the findings of fact and conclusions of law herein, and the court having considered of the said findings and conclusions and of all the evidence herein, it is ordered and adjudged that the cause be dismissed." Of the errors assigned by appellants there are but two that can arise upon the record now here, and they are very well stated by counsel for appellant Gay: "Whether the appellant was guilty of such laches as to Preclude a recovery in this suit, and whether the issue of laches is sufficiently presented in the pleadings." Counsel for the respective parties have exhaustively argued the question of the existence of the principle of laches under the Code, as well as the proper form in which the question may be raised. It may be observed that complainants (lid allege the want of discovery and knowledge of the fraud until within less than three years before the com mencement of the action. The finding of the court was against them upon this issue, but the three years' limitation prescribed by the statute after the discovery of the fraud was avoided by the allegation that respondents were not residents of the state until 1897. This issue was found in favor of complainants. The plea of the statute of limitations was properly in issue in the answers, but laches was urged as a ground of demurrer, and counsel for respondents maintain here that the order overruling the demurrer was wrong; that laches appeared upon the face of the complaints. This apparently was true before the reformed code procedure. In suits of purely equitable cognizance it seems to have been incumbent upon the com--plainant to excuse unreasonable delay when it appeared that a long time had elapsed, ---such time as, under the circumstances more

Product details

  • Paperback | 176 pages
  • 189 x 246 x 10mm | 327g
  • United States
  • English
  • black & white illustrations
  • 1236793242
  • 9781236793249