Casety v. Jamison

Citations

• 35 Wash. 478
• 77 P. 800
• 1904 Wash. LEXIS 473

Syllabus

<p>Judgment — Transcript From Foreign State — Certificate— Reference to Summons — Sheriff’s Return of Service Part of Summons. A transcript of a foreign judgment, in which the certificate of the clerk specifically refers to each of the papers attached, including the summons, but without mention of the sheriff’s return of service, is not insufficient as failing to show the service, since the sheriff’s return is part of the summons and is sufficiently described by the reference thereto.</p> <p>Trial — Verdict—Failure to Assess Amount — No Disputed Question of Fact. Where a verdict is returned without assessment of the amount of the recovery, but there was no disputed question of fact and the amount is known, the irregularity does not require a reversal, since the court could either direct a verdict or discharge the jury and enter the judgment.</p>