Carstens & Earles v. Hine

Citations

• 39 Wash. 498
• 81 P. 1004

Syllabus

<p>Appeal—Review—Harmless Error on Trial De Novo. In an action tried without a jury, error cannot he assigned upon the reception and exclusion of evidence, where it is not made to appear that the findings were based upon incompetent evidence or that evidence was wrongfully excluded</p> <p>Same—Trial Amendment—Harmless Error. Taking under advisement and failing to pass upon an application for a trial amendment to the complaint, in an action tried without a jury, is not ground for reversal when it appears from the evidence that no prejudice resulted.</p> <p>Appeal—Review—Findings—Harmless Error. Failure to make requested findings is not error warranting a reversal, where it appears that the result would have been the same in any event, although the party may have been entitled to have findings made upon the matter in issue.</p> <p>Appeal — Review — Findings — Conflicting Evidence. Findings will not he disturbed on appeal where the evidence is conflicting and complicated and the trial court had opportunity to judge of the credibility of the witnesses, and his findings appear to he supported by an equal weight of the evidence.</p>