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DAVIS v. SMITH

No. 36620.

60 Wn.2d 720 (1962)

375 P.2d 397

EZRA DAVIS et al., Plaintiffs, v. CLAY SMITH et al., Defendants and Relators, THE SUPERIOR COURT FOR KING COUNTY, George R. Stuntz, Judge, Respondent.

The Supreme Court of Washington, Department One.

October 18, 1962.

Attorney(s) appearing for the Case

Rosling, Williams, Lanza & Kastner, by William D. Cameron, for defendants and relators.

Michel P. Stern (of Robbins, Oseran & Robbins), for respondent.

PER CURIAM:

In this proceeding, the relators seek a writ of mandamus directing the respondent to dismiss a pending claim without prejudice.

[1] In King County cause No. 573459, the complaint was served September 7, 1960, but not filed with the clerk of the court until September 19, 1961. The answer was served October 4, 1960, but not filed until November 3, 1961. The cause was at issue October 4, 1960, upon the serving of the answer. Burns...

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