Opinion

Miller v. Treat

  • 57 Wash. 2d 524
  • 358 P.2d 143
  • 1960 Wash. LEXIS 501
Court
Washington Supreme Court
Filed
Dec 29, 1960
Status
Published
Author
Mallery
On the bench
Foster, Hunter, Mallery
Cited by
14 cases

The opinion

Mallery, J.

(dissenting) — The majority opinion holds that the statute in question has the extraordinary effect of classifying one of several parties to an action as not being a party to the action providing he will take a nonsuit and file a separate action. He can then, while his action is still pending, qualify as an independent witness in the original suit. The other party or parties in the original action can then testify as independent witnesses in his new action. A multiplicity of suits would thus operate to qualify all of the parties as being the kind of independent witnesses contemplated by the statute.

The appellant failed to produce the independent corroboration required by the statute, the judgment should be affirmed.

I dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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