Creech v. City of Aberdeen

Citations

• 44 Wash. 72
• 87 P. 44
• 1906 Wash. LEXIS 789

Syllabus

<p>Appeal — Exceptions—Amendment of Pleadings. Error cannot be predicated upon the allowance of an amendment changing the nature of the action when no exceptions were taken thereto.</p> <p>Continuance — New Trial — Absence of Witness — Cumulative Testimony. It is not an abuse of discretion to refuse a motion for a continuance or grant a new trial, where it does not appear that the evidence sought from an absent witness was not cumulative, and opportunity was given to take his deposition.</p> <p>Jury — Challenges—Harmless Error. Error of the court in allowing a fourth peremptory challenge is harmless where it does not appear that the jury was rendered partial by the mistake, and the last juror was passed for cause.</p>