Gerhard v. Worrell

Citations

• 20 Wash. 492
• 55 P. 625
• 1899 Wash. LEXIS 187

Syllabus

<p>FISHERIES-WATERS OF FUGET SOUND—EIGHT TO SET-NET LICENSE-ASSIGNMENT OF LICENSE—FINDINGS OF COURT-ERRONEOUS CONCLUSIONS OF LAW—HOW FAR BINDING.</p> <p>Under Laws 1897, p. 218, § 7 (Bal. Code, § 3353), traps and pound nets are recognized as the only fixed appliances for which licenses may be issued for fishing locations in the waters of Puget Sound.</p> <p>A decree which coincides with, and is fully supported by, correct findings of fact, will not be set aside because the court has erred in some of its conclusions of law. under Code Proc., § 380 (Bal. Code, § 5030), making the findings of fact in an action tried by the court correspond with the verdict of a jury; nor is an incorrect conclusion of law, unexcepted to, binding on the appellate court.</p> <p>Where notice is not given to the fish commissioner of an attempted transfer of a fishing license and of the location and appliances in use thereunder, the person attempting to transfer is guilty of a misdemeanor, under Laws 1897, p. 215, §' 3 (Bal. Code, § 3349), and such attempted transfer amounts to an abandonment of the location and can confer no rights upon the assignee.</p>