Gilbert Co. v. Husted

Citations

• 50 Wash. 61
• 96 P. 835
• 1908 Wash. LEXIS 665

Syllabus

<p>Appeal — Decisions Reviewable • — ■ Amount in Controversy — Value of Property Claimed. In an action to recover personal property, and damages for its detention, under tbe claim and delivery statute, where the value of the property is not found by the court or jury, the test of the jurisdiction of the appellate court is the value alleged in the complaint, if the demand appears to have been made in good faith.</p> <p>Same — Determination oe Amount — Ex Parte Affidavits — Record. The jurisdiction of the supreme court on appeal in replevin cannot be determined by ex parte affidavits as to the value of the property; and if the value is not found by the court or jury, and the complaint and the only evidence on the subject show the value to be over $200, the supreme court has jurisdiction.</p> <p>Appeal — Notice op Appeal — Sufficiency. A notice of appeal sufficiently describes the judgment by reference to the “decision” entered on a certain date, the record showing the judgment to have been entered on such date.</p> <p>Same — Bond—Supersedeas—Amount of Bond. Where, in an action of replevin, the appellant- having erroneously assumed that it had possession of the property, the court on application fixed the amount of the supersedeas bond in the sum of $.......a bond given in the sum of $1,000 both as a cost and supersedeas bond is sufficient to give jurisdiction of the appeal, where the only judgment to be superseded was one for $43 in the registry of the court and for costs taxed.</p> <p>Set-off and Counterclaim — Causes Arising from Same Transaction — Replevin. In an action of replevin for goods sold under a conditional bill of sale, the vendee may counterclaim for damages by reason of the vendor’s breach of a contemporaneous agreement respecting the mode of payment, since the two contracts arise out of the same transaction.</p> <p>Contracts — Validity-—Condition Limiting Power to Contract. The vendor in a conditional sale cannot limit his power to make other written c