Hamar v. Peterson

Citations

• 9 Wash. 152
• 37 P. 309
• 1894 Wash. LEXIS 273

Syllabus

<p>EQUITABLE ACTIONS — RIGHT TO JURY TRIAL — WEIGHT OF EVIDENCE— FINDINGS OF COURT.</p> <p>An action for an accounting between partners being an equitable one, neither party to the action has a right to have the questions in relation thereto determined by a jury.</p> <p>Where the evidence in an equitable action is conflicting and stands substantially balanced, the findings of the trial court should be adopted on appeal, although not entirely satisfactory to the supreme court, unless the preponderance of evidence against such findings clearly shows that they are the result of error.</p> <p>(Stiles and Andeks, JJ., dissent, on the ground that the court made no finding of the material facts involved.)</p>