Washington Law Review


One might hope that the damage aspects of litigation under a statute enacted in 1891 would now be so well explored and thoroughly understood as to be beyond the area of current comment. However, the product of the years has been an accumulation of inconsistent and ambiguous statements as well as a few instances of obvious conflict between decisions, all of which goes to make a review appropriate. Moreover, a recent decision of the supreme court in a case which has already been noted in these pages holds that set-offs and counterclaims cannot be adjudicated in unlawful detainer proceedings—a holding which takes on additional significance in light of the provisions for doubling damages in unlawful detainer proceedings. Finally, adoption of the new rules of pleading, practice, and procedure as a January 1, 1960, may have had a special significance with regard to pleading rules developed under the unlawful detainer statute.

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