25 Wash. 664 | Wash. | 1901
The opinion of the court was delivered hy
Action for unlawful detainer. A general demurrer was interposed to the complaint. The contention that more than twenty days’ notice to quit could not he included within the days mentioned in the complaint was determined adversely to appellant in the case of McGinnis v. Genss, ante, p. 490 (65 Pac. 755). The demurrer was overruled on the 28th of April, 1900, and an exception noted, and on May the 6th following, judgment by default was entered in favor of plaintiff, granting restitution of the premises involved, and for double damages in the sum alleged in the complaint. Error is assigned by appellant on the order entering judgment of default, on the ground that the 30th of April, two days after the overruling of the demurrer, a written demand was served upon the attorney for respondent, requesting that a copy of the notice to quit be served upon attorney for appellant, and that such demand was filed in court, and that under the rules of the superior court of King county, and § 4930, Bal. Code, the time for answer was enlarged be
Dunbar, White and Eullerton, JJ., concur.