Dodds v. Gregson

Citations

• 35 Wash. 402
• 77 P. 791
• 1904 Wash. LEXIS 463

Syllabus

<p>Appeal — Statement op Facts — Time foe Filing — Extension. Tbe time for filing a statement of facts may be extended by stipulation of tbe parties without any order of court, under Bal. Code, § 5062.</p> <p>Same — Time foe Cebtefying Statement of Facts. Bal. Code, § 5058, providing that there shall he no extension of time for filing a statement of facts beyond ninety days, limits the time for filing only, and not the time for its settlement by tbe court, for which no limit is prescribed.</p> <p>Same — Notice of Settlement — Sufficiency—Appeabance. A statement of facts will not be struck out for failure to give notice of the time of settlement of proposed amendments, where notice was once duly given, continuances taken, and later when both parties were in court the time was set for two days thereafter without objection on account of want of notice, and respondents’ counsel appeared at the hearing, and many of his amendments were adopted.</p> <p>Appeal — Dismissal — Recognizing Validity of Judgment — ■ Payment When not Voluntaey. An appeal will not he dismissed on the ground that the appellant recognized the validity of the judgment by making a partial payment, where it appears that, there being no supersedeas, tbe respondents issued garnishment proceedings under tbe judgment, and the payment was made thereunder, after a contest, since the same was not voluntary.</p> <p>Pleadings — Depabtube—Consistency of Complaint and Reply. Where a complaint alleges that a note for $400 belonging to the plaintiff came into the defendant’s possession through his employment as the plaintiff’s attorney, and alleges its conversion, and the answer sets up the defense that it was given to him in payment for his services, a reply admitting the allegations of the answer but averring that afterwards the defendant received other pay for his services and agreed to return the note, which he failed to do, is not inconsistent with the complaint, and a motion for judgment on the pleadings and a