Fischer v. Quigley

Citations

• 8 Wash. 327
• 35 P. 1071
• 1894 Wash. LEXIS 60

Syllabus

<p>APPEAL — WEIGHT OP EVIDENCE — ACTION ON CONTRACTOR’S BOND — PRIOR JUDGMENT AGAINST PRINCIPAL.</p> <p>The findings and judgment of the lower court in an action at law tried by the court will not be disturbed on appeal, where the record discloses a sharp conflict in the evidence, unless there appears to be a decided preponderance of the evidence against the court’s finding.</p> <p>An action on the bond of a contractor, given under the provisions of Gen. Stat., §3415, for the protection of those furnishing the contractor goods while engaged in making street improvements, is not barred by the procuring of a judgment against the contractor personally prior to the institution of suit upon his bond.</p>