Calhoun, Denny & Ewing v. Quinlan

Citations

• 86 Wash. 547
• 150 P. 1132
• 1915 Wash. LEXIS 1315

Syllabus

<p>Appeal — Recobd — Evidence — Necessity. Error cannot be assigned. in tbe granting of continuances and tbe refusal to dismiss for want of prosecution, where the record on appeal does not show, the evidence on which the continuances were granted.</p> <p>Appeal — Review—Haemless Eeeoe — Exclusion oe Evidence. The refusal of the court to allow affidavits to be read, after having looked into the same and hearing a statement of their contents, is not prejudicial error, where there is a trial de novo on appeal.</p> <p>Appeal — Review—Habmless Eeeoe — -Admission of Evidence. The admission of immaterial evidence, in a cause tried to the court without a jury, does not entitle appellant to a new trial or a reversal where there is a trial de novo on appeal.</p> <p>Appeal — Statement of Facts — Settlement—Disputes—Assignment of Eeeoe. Irregularity in settling the statement of facts is not a ground upon which error can be assigned; the remedy for an erroneous statement being by application for a commission to settle the truth of the matter in dispute.</p> <p>Judgment — Satisfaction—Reinstatement—Abobtive Sale — Estoppel. A sale on execution to the judgment creditor of property which was exempt as a homestead, and satisfaction of the judgment thereby, does not preclude a reinstatement of the judgment, after the debtor had the sale set aside and rendered abortive in an action to remove the cloud from the title.</p> <p>Judgment — Res Judicata — Issues Concluded. Where a judgment had been satisfied by a sale of an exempt homestead, and the debtor sued to set aside the sale, a proceeding to reinstate the judgment is not barred by a general judgment in the debtor’s action quieting the debtor’s title to the homestead, where the single issue presented was whether the homestead declaration was sufficient to exempt the property from the lien of the judgment; since the scope of the decree is limited to the issues presented.</p> <p>Appeal — Review—Findings. Findings of the trial court upo