Allen v. Swerdfiger

Citations

• 14 Wash. 461
• 44 P. 894
• 1896 Wash. LEXIS 389

Syllabus

<p>APPEAL — REVIEW OF EVIDENCE DE NOVO — EVIDENCE.</p> <p>The appellate court must examine de novo the evidence upon which the decision is based, under Laws 1893, p. 130, in cases tried by the lower court without a jury, and may set aside the findings and conclusions of the court, although there may be some conflict in the testimony.</p> <p>In an action by the alleged assignee of a note and mortgage to foreclose same, statements of the mortgagee that the mortgagor is indebted to him on a note and mortgage, made in the absence of such assignee, are not admissible in evidence.</p>