
    [No. 3243.
    Decided May 27, 1899.]
    Albert E. Hall, Appellant, v. Claus Skavdale, Respondent.
    
    APPEALABLE ORDER-DISMISSAL OP ACTION POR FAILURE TO PLEAD.
    The.supreme court has no jurisdiction of an appeal from au uncontested dismissal of a case, in which plaintiff failed to offer an amendment to his complaint within the time limited after a demurrer thereto was sustained.
    APPEAL — LACK OP JURISDICTION-WHEN AND HOW RAISED.
    A motion to dismiss an appeal for want of jurisdiction will he entertained even upon an oral suggestion at the time of trial.
    Appeal from Superior Court, Clallam County. — Hon. James Gr. McClinton, Judge.
    Appeal dismissed:
    Hpon the sustaining of a demurrer to the complaint, plaintiff obtained leave to amend, and was given ten- days therefor. Ho amendment' was offered within the time limited, whereupon defendant moved the court to dismiss the action. ' Plaintiff was duly served with notice of the hearing, hut failed to contest such motion, which was sustained by the court and the action dismissed. Plaintiff now appeals.
    
      Brady & Gay and Milo A. Root, for appellant.
    
      A. A. Richardson, for respondent.
   Per Curiam.

Motion is made to dismiss this action for want of jurisdiction on the part of this court to try the same. The case falls squarely within the rule announced in Pacific Supply Co. v. Brand, 7 Wash. 357 (35 Pac. 72), and the motion will therefore be sustained.

It is urged by appellant that no proper service of the motion has been made, but, this being a jurisdictional question, as has often been decided by this court, the motion will be entertained, even upon an oral suggestion at the time of the trial.

The appeal is therefore disinissed.  