Hill v. Gardner

Citations

• 35 Wash. 529
• 77 P. 808
• 1904 Wash. LEXIS 480

Syllabus

<p>Appeal — Notice—Proof of Service — Acceptance. Service of notice of appeal upon sureties on a redelivery bond is sufficiently shown by an acceptance of service by them, witnessed by an attorney of the supreme court, and by an affidavit of due service.</p> <p>Trial — Nonsuit Overruled — Dismissal. In an action tried before the court without a jury in which the court orally refuses to grant a nonsuit, whereupon the case is argued without the introduction of any evidence, the court is not precluded by the ruling on the motion for nonsuit from finding for the defendant and dismissing the action.</p> <p>Community Property — Evidence—Sufficiency—Wife’s Separate Estate. A finding that a team of horses was community property will not be disturbed where the only evidence that the same was the separate property of the wife was that of the husband, to the effect that, thirty years before, she had received $1,000 from her father and had kept the money separate, tracing it through various investments, where the wife was present in court and failed to offer herself as a witness, and the husband’s testimony was not wholly consistent.</p> <p>Execution — Redelivery Bond — -Value of Property — Allegation of Claimant- — Estoppel. In an action to compel the delivery of property levied upon by a sheriff, in which the claimant alleges the value to be $300, the claimant and the sureties are bound thereby and cannot complain that judgment for defendant was entered for $300 as the value of the property, although the only evidence of value made it appear to be less than $300.</p> <p>Same — Original Amount Due on the Attachment — Judgment for Value — Presumed Less Than Sum Due. Upon a judgment against a third party claimant of attached property, for $300 as the value of the property, where there is nothing to show the amount due under the attachment, it will be presumed in aid of the judgment that it was not a less sum, as required by Bal. Code, § 5266.</p> <p>Same — -Return of Property —