James v. McMillan

Citations

• 115 Wash. 159
• 196 P. 881
• 1921 Wash. LEXIS 716

Syllabus

<p>Appeal (150)—Review—Exceptions. Where findings of fact are made in an equity case, they are as controlling as in an action at law, and are not reviewable on appeal unless exceptions are taken.</p> <p>Same (146, 147)—Exceptions—Necessity—Striking Statement of Pacts. Where only a general exception was made at the conclusion of all the findings of fact made by the court, a motion in the appellate court to strike from the files the statement of facts and the abstract of the record must be granted.</p> <p>Highways (39)—Assessments—Benefits to Property Included. The cancellation by the superior court of an assessment for highway construction under the Donohue Road Law (Rem. Code, § 5731) of lands “within two miles of the center line of the improvement,” on the ground that the “lands have no direct lateral highway connection with the said improved highway and have only a terminal road connection outside the improvement district,” was erroneous, the only exception allowed being, as provided in Rem. Code, § 5739, subd. 4, and Laws 1917, p. 243, § 5, subd. 3, that “land within the improvement boundary whose natural outlet will not be in whole or in part over said road when improved shall not be separately assessed.”</p> <p>Same (39)—Assessments—Property Included—Natural Outlet —Statutes—Construction. “Natural Outlet” as used in Donohue Road Law (Rem. Code, § 5739, subd. 7; Laws 1917, p. 243, § 5, subd. 3) does not mean a natural highway or bridge across a river, but a means of egress or exit from lands within a proposed improvement district.</p>