Fleming v. Wilson

Decided May 23, 1905

Washington Supreme Court · decided 1905-05-23

<p>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.</p>

Relies on Knapp v. Order of Pendo

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1905-05-23

How this case has been cited

Cited by 3 later decisions — most recently November 1930

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The 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:

¶2“It is within the discretion of the trial court to permit a demand for a jury to be made after the case is called *107to 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.”

¶3Under this rule, tbe judgment must be affirmed. It is so ordered.