Edmunds v. Black

Citations

• 13 Wash. 490
• 43 P. 330
• 1896 Wash. LEXIS 75

Syllabus

<p>PLEADING— AMENDMENT— JUDGMENT ON REVERSAL — EVIDENCE —PAYMENT.</p> <p>An objection to the amendment of a complaint on the trial, so as to show recovery of a judgment in the supreme court of another state instead of in the circuit court, is waived by an admission that there is a judgment roll against the party objecting and that it is a proper exemplification of the judgment rendered in the supreme court of the state, when such admission is made in connection with a demand for opening and closing the case before the jury on other issues.</p> <p>Upon reversal of the judgment of the trial court, the appellate court will not give force to an admission below by respondent in connection with his demand for the opening and closing of the case before the jury, for the purpose of directing a judgment in favor of appellant.</p> <p>Under the general plea of payment, evidence is admissible showing the delivery of personal property to the creditor, if it is shown to have been accepted and applied in payment of the demand.</p> <p>The receipt and application of a bond by a creditor in payment of his demand is not sufficiently established by testimony of the debtor that the creditor had written to him acknowledging the receipt of the bond and stating that “ he guessed they were about square.” (Gordon, J., dissents).</p>