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Fleming v. Wilson

T. W. Fleming v. L. G. Wilson

Fleming v. Wilson, 80 P. 1104 (Wash. 1905)
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Court
Washington Supreme Court · State Highest Courts
Decided
May 23, 1905
Docket
No. 5239
Citations
80 P. 110439 Wash. 1061905 Wash. LEXIS 823
Disposition
Affirmed.
Syllabus
Trial—By Jury—Failing to Demand When Set eor Trial—Discretion. It is discretionary to award a jury trial although the same was not demanded when the case was set for trial in the manner required by Laws 1903, p. 50, and error cannot be predicated thereon.
Summary
Appeal from a judgment of the superior court for King county, Morris, J., entered December 23, 1903, upon the verdict of a jury rendered in favor of the plaintiff.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The only question presented on this appeal is Whether the lower court may call a jury in a law case where the parties have waived a jury under the provisions of the act of March 6, 1903, relating to jury trials. Laws 1903, p'. 50. This same question was presented to this court under substantially the same facts in Knapp v. Order of Pendo, 36 Wash. 601 , 79 Pac. 209 , where we said:

“It is within the discretion of the trial court to permit a demand for a jury to be made after the case is called *107 to be set for trial, or to submit tbe issues of fact iu a case to a jury of its own motion, and no error can be predicated upon its ruling in that regard.”

Under this rule, tbe judgment must be affirmed. It is so ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1909: 11914: 11930: 119092026peak 1909 · 1

Relies on it most ⓘ

  1. Sholin v. Skamania Boom Co.105 P. 632 (Wash. 1909)
  2. Davis v. Falconer292 P. 424 (Wash. 1930)
  3. Peterson v. Arland141 P. 63 (Wash. 1914)

Most recent

  1. Davis v. Falconer292 P. 424 (Wash. 1930)
  2. Peterson v. Arland141 P. 63 (Wash. 1914)
  3. Sholin v. Skamania Boom Co.105 P. 632 (Wash. 1909)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Knapp v. Order of Pendo, 79 P. 209 (Wash. 1904) 18

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