Galler v. McMahon

Citations

• 51 Wash. 473
• 99 P. 309
• 1909 Wash. LEXIS 1214

Syllabus

<p>Appeal — Record—Statement of Facts — Time for Filing — Extension of Time — Notice. Under Bal. Code, § 4894, requiring notice to the adverse party of application to extend the time for filing a proposed statement of facts, a notice may be given in the forenoon of an application to be made at 3 o’clock in the afternoon, any reasonable-notice being sufficient to confer jurisdiction; Bal. Code, § 4816a,. which provides for three days’ notice of motions and applications, not applying to proceedings after judgment.</p> <p>Trover and Conversion — Evidence of Taking Money — Sufficiency. In an action to recover money alleged to have been stolen by defendants, there is sufficient evidence of the taking and it is-error to grant a nonsuit, where it appears that a large sum of money was in a tin box concealed in the house of the plaintiff, whose husband was away from home, that defendants and a third person helped to extinguish a fire in the house at night, and were the only persons in the house or who had an opportunity to take the money, that defendants knew of the money in the house, one of- them was in the house alone for a short time, and was met coming away with his hand held behind his back, and a key to the box was afterwards found in his house, other testimony casting suspicion on the defendants and excluding all probability that the third person took the money.</p>