Fortson Shingle Co. v. Skagland

Citations

• 77 Wash. 8
• 137 P. 304
• 1913 Wash. LEXIS 1886

Syllabus

<p>Venue — Change—Bias of Judge — Time for Application. In an action for an injunction, an application for a change of judges, under 3 Rem. & Bal. Code, § 209-1, is too late, when not made until after a hearing upon a show cause order and the granting of a temporary injunction upon such hearing.</p> <p>Judges — Disqualification—Statutes—Time for Challenge. Under Rem. & Bal. Code, § 209, disqualifying a judge who had “been counsel for either party in the action or proceeding” a trial judge is not disqualified from the fact that before going on the bench his law firm had represented one of the parties in other matters; especially where the challenge was not made until after the respondent had rested his case.</p> <p>Navigable Waters — Streams—Navigability. A stream is navigable, where during freshets regularly recurring during certain months, there was sufficient water, in its natural state, to float shingle bolts and forest products without using the bants of the stream; and it is immaterial that it was necessary.to remove windfalls and artificial obstructions caused by logging the land to restore the stream to its natural state.</p> <p>„ Appeal — Review—Exceptions. The insufficiency of the evidence cannot be assigned as error, in the absence of exceptions to the findings of fact.</p>