Glass v. Buttner

Citations

• 39 Wash. 296
• 81 P. 699
• 1905 Wash. LEXIS 860

Syllabus

<p>Huaband and Wife—Actions Against—Community Property— Replevin—Default of Husband—Effect on Defense by Wife. In replevin brought against a husband and wife, who defend jointly, claiming the property as community personalty, a default judgment against the husband for failure to answer interrogatories, is not binding on the wife, since under Bal. Code, § 4827, she is entitled to defend in her own right upon the issues raised by her answer; and a judgment of dismissal on plaintiff’s failure to prove title, is proper.</p> <p>Same—Witnesses—Competency on Valuations. In replevin a witness is shown to be competent on the subject of the value of the property when she stated that she knew the cost of the articles and their value.</p>