Harringer v. Keenan

Citations

• 117 Wash. 311
• 201 P. 306
• 1921 Wash. LEXIS 1059

Syllabus

<p>Dismissal and Nonsuit (11) — Setting Aside and Reinstatement. Motion for reinstatement of an action, dismissed for failure to file a cost bond, is the proper remedy where plaintiff either had no notice of the application for the bond, or had a valid excuse due to poverty induced by illness.</p> <p>Same. A motion to reinstate a cause of action which had been improperly dismissed does not necessitate a showing of a meritorious cause of action, since the cause of action necessarily appears in the- complaint.</p> <p>Appeal (437) — Review — Harmless Error — Pleadings. The denial of a motion to make a complaint more definite and certain, and the overruling of a demurrer to the complaint, will not on appeal be deemed prejudicial, where each party was allowed to present all his evidence, the complaint being deemed amended to conform to the facts.</p> <p>Husband and Wife (120) — Alienation of Affections — Evidence — Admissibility. In an action for alienation of affections, letters written by the wife to her husband showing affection are admissible, though written subsequent to the time defendant began attentions to the wife.</p> <p>Same. In an action for alienation of affections, a letter purporting to come from the wife after separation of the spouses, which was in the handwriting of defendant, is admissible for the purpose of showing his influence over her.</p> <p>Evidence (130, 139) — Documentary Evidence — Letters — Authentication. Letters by a wife to defendant in an action for alienation of affections are properly admitted in evidence where their authorship is demonstrated by comparison with the admittedly genuine handwriting of the wife.</p> <p>Witnesses (61, 98-1) — Examination—Leading Questions — hostile Witness — Right to Impeach Own Witness. Leading questions may be propounded by a party to a witness who proves hostile, and such witness may be impeached by showing contradictory statements before the trial.</p> <p>Husband and Wife (120). — Alienation of Affectio