103 Wash. 449 | Wash. | 1918
— This action was brought to recover damages by reason of an alleged conspiracy between the defendants to injure the reputation and business of the
A large number of errors are assigned,- some of which are meritorious. It will be necessary to consider but one of these, to the effect that there was no evidence upon which the case could be submitted to the jury. The respondent has filed no brief upon ■ the merits of the case. He was content to file a belated motion to strike the statement of facts and dismiss the appeal. Aside from the fact that the motion was not filed until the case was called for hearing upon the merits — and was therefore too late — there is no merit in the motion. At the trial there was no evidence whatever that there was any conspiracy between the appellants to injure the respondent, or for any other purpose. There was some evidence that one of the appellants had unlawfully opened some letters addressed to the respondent, but there is no evidence to show that any damage to the respondent flowed, or could reasonably flow, therefrom. The re
The writer of this opinion, after reading the ab-' stract of the record, resorted to the statement of facts, and is satisfied from a careful reading thereof that there was no evidence to submit to the jury upon the issues raised. The suit was not the result of any injury done to the respondent by the appellants, or either of them, but was plainly brought to annoy the appellants.
We are satisfied that the trial court should have dismissed the action upon appellants’ motion at the close of the respondent’s evidence.
Main, C. J., Holcomb, and Mackintosh, JJ., concur.
Chadwick, J., concurs in the result.