Bignold v. Carr

Citations

• 24 Wash. 413
• 64 P. 519
• 1901 Wash. LEXIS 548

Syllabus

<p>DISMISSAL OF ACTION-FAILURE TO PROSECUTE-PENDENCY OF DEMURRER.</p> <p>The refusal of the court to dismiss an action for want of prosecution is not error, while a demurrer to the complaint is pending and undetermined.</p> <p>LIMITATIONS-SUSPENSION OF STATUTE-ABSENCE FROM STATE.</p> <p>The running of the statute of limitations is suspended during such time as plaintiff is incapacitated from bringing his action by reason of the absence of the defendant from the state.</p> <p>SAME-ACTION ON DEFICIENCY JUDGMENT-WHEN STATUTE COMMENCES TO RUN.</p> <p>Where the entry of a deficiency judgment was made within six years of action thereon, it is not barred (conceding the six years’ limitation is applicable to domestic judgments), although judgment of foreclosure upon which the deficiency judgment was based may have been entered more than six years prior to the commencement of action upon the deficiency judgment.</p> <p>ACTION ON JUDGMENT-EVIDENCE-AUTHENTICATION OF RECORD.</p> <p>The clerk of the court being the custodian of its records, according to the statutes, a judgment record offered in evidence, certified by the clerk, is sufficient without any certificate of the judge that the clerk is the custodian of the records.</p> <p>SAME- JOINT JUDGMENT-ACTION AGAINST ONE DEBTOR.</p> <p>Under the rule that action upon a joint judgment may be maintained against one of the judgment debtors alone, the introduction in evidence of a record showing a judgment against defendant and another, while the complaint states a cause of action against defendant alone, does not constitute a failure of proof.</p> <p>-NON-JOINDER OB DEFENDANTS-TIMELINESS OF OBJECTION.</p> <p>Where there is' a defect of parties defendant, objection on that ground should be raised before trial in order to be available on appeal.</p> <p>APPEAL-FINDINGS OBJECTIONABLE IN FORM-WAIVEB OB ERROR.</p> <p>Failure to except in the trial court to the form of the findings or conclusions of the court constitutes a waiver of erro