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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sec. 8

Citation
Sec. 8
Parent Document
Foisy v. Wyman, 515 P.2d 160 (1973)
Jurisdiction
Washington (state)
Effective Date
1973-10-25

Other Sections in This Document (140)

Full Text

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In his answer, affirmative defense and counterclaim, the defendant alleged violations of the provisions of the housing, building, fire, health and sanitation codes of the City of Seattle. Such shotgun pleading is a clear violation of CR 9 (i). At the time of trial, absolutely no proof of the housing code was provided, except to offer an unauthenticated, unidentified booklet entitled "Housing Code, City of Seattle." *37 The trial court, on that ground alone, correctly rejected testimony about violations of a city ordinance which had not been properly pleaded, properly authenticated or properly identified. The trial court should be affirmed. WRIGHT, J., concurs with BRACHTENBACH, J. RYAN, J.[*] (concurring in the result of the dissent)