Hopkins v. Crane

Citations

• 50 Wash. 636
• 97 P. 772
• 1908 Wash. LEXIS 798

Syllabus

<p>Appeal — Harmless Error — Pleadings-—Definitions. It is not prejudicial error to deny motions to make a complaint more definite and certain as to items of damages claimed where the allegations were reasonably comprehensive and were supplemented by a bill of particulars furnished upon demand.</p> <p>Chattel Mortgages — Foreclosure—Actions—Jurisdiction — Determination of Amount. In an action to foreclose a mortgage given to secure the plaintiff against loss by breach of a contract, it is not necessary that damages from the breach be ascertained before suit brought, jurisdiction to foreclose necessarily including the determination of the amount for which foreclosure be awarded.</p> <p>Same — Parties Liable — Personal Judgment. In an action to foreclose a mortgage securing a contract, against a party to the contract and one claiming an interest in the property, a joint personal judgment cannot be entered against both defendants.</p> <p>Appeal — Costs—Record—Supplemental Record to Cure Error of Clerk. When, by a supplemental record, the clerk of the lower court certifies to a new copy of the judgment appealed from, showing a personal judgment against only one of the defendants, and that there was an inadvertent mistake in certifying the first copy on appeal, which showed personal judgment against both defendants, there is in fact but one judgment as indicated by the corrected transcript; but if, as claimed, there are two inconsistent judgments, the erroneous one should be vacated without costs to appellants, the point not having been urged below.</p>