Browder v. Phinney

Citations

• 30 Wash. 74
• 70 P. 264
• 1902 Wash. LEXIS 653

Syllabus

<p>ACTIONS-FORM OF-EQUITABLE RELIEF IN ACTION FOB DAMAGES.</p> <p>Under Bal. Code, § 4793, which provides that there shall be in this state but one form of action for the enforcement or protection of private rights and the redress of private wrongs, which shall be called a civil action, it. was error for the court to dismiss an action for damages for forcible and wrongful eviction from leased premises on the ground of the invalidity of the lease in law for lack of acknowledgment, when in fact the lease was en-forcible in equity as a valid contract by reason of part performance thereunder.</p> <p>TEIAL-CHALLENGE TO EVIDENCE-EFFECT OF DENIAL.</p> <p>The overruling of defendant’s challenge to the sufficiency of the evidence does not entitle plaintiff to judgment, under the practice in this state.</p>