29 Wash. 730 | Wash. | 1902
The opinion of the court was delivered by
Respondent interposed a motion to strike statement of facts, dismiss the appeal, and affirm the judgment, for the reason that the statement of facts does not
“That the complaint does, not state facts sufficient to. constitute a cause1, of action; and that upon the pleadings wé are entitled to judgment; that the allegations of the reply show a variance and departure from the allegations of the complaint; and that we are entitled to judgment upon the opening statement of counsel for plaintiffs. We challenge the plaintiff’s entire opening statement as to. the sufficiency of any claim for damages, and ask for a dismissal of the jury and that judgment be entered.”
This motion was granted by the court, and the judgment entered as follows:
“The above entitled cause having, on the lath day of June, 1901, come on regularly for hearing before the court and a jury duly empanelled and sworn, and the court having heretofore sustained a challenge to the legal sufficiency of the evidence disclosed to said jury by the opening statement of counsel for plaintiffs, and having sustained an objection to1 the introduction of any evidence by plaintiffs for the reason that the defendant is entitled to judgment on the pleadings and on the opening statement of counsel for plaintiffs, and having heretofore on said 15th day of June, 1901, discharged said jury from the further consideration of the cause and ordered that, judgment lie entered herein in favor of defendant city for the dismissal of said action, it is therefore ordered, adjudged and decreed that the above entitled action be and the same is hereby dismissed.”
It is insisted by the respondent and appears from the record that the objection and challenge which were sus
Sufficient of the record not having been presented to this court to enable it to pass intelligently upon the errors alleged, the motion to dismiss will be sustained.
Reavis, C. J., and White, Andeks, Fullerton, Hadley and Mount, JJ., concur.