# Miller v. Treat

> Washington Supreme Court · December 29, 1960 · 57 Wash. 2d 524

URL: https://www.frixlaw.com/law-library/cases/9794315

## Case

- **Full name:** Eldora Ann Miller, by Her Guardian Ad Litem, Matt J. Miller, Appellant, v. A. E. Treat Et Al., Respondents
- **Court:** Washington Supreme Court
- **Decided:** December 29, 1960
- **Citations:** 57 Wash. 2d 524; 358 P.2d 143; 1960 Wash. LEXIS 501
- **Precedential status:** Published
- **Opinion:** Dissent by Mallery
- **Judges:** Foster, Hunter, Mallery
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9794315

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9794315. Public record. Not legal advice.