Bishop v. Averill
Bishop v. Averill
Opinion of the Court
The opinion of the court was delivered by
This is the second appeal in this cause. The
first was heard and determined and is reported in 17 Wash. 209 (49 Pac. 237), and the exhaustive discussion, with the full statement of facts there found renders it unnecessary to re-state the case here. There was, further, an opinion, on a petition for rehearing, 17 Wash. 222 (50 Pac. 1024). The cause is now here again and the appellants complain
The judgment of the superior court is affirmed.
Scott, C. J., and Dunbab, Andeks and Gordon, JJ.,. concur.
Reference
- Full Case Name
- R. C. Bishop v. G. W. Averill et ux.
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- 1 case
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- Syllabus
- AMENDMENT OF PLEADINGS — DISCRETION OF COURT. An application by defendants to amend their answer so as to. question the individual liability of one of them, made at the-commencement of a second trial after the cause had been once, tried and appealed on tbe same pleadings, is a matter peculiarly within the discretion of the superior court, and its action will not he disturbed in t'he absence of a showing of abuse of such, discretion.