Kennedy v. Derrickson

Citations

• 5 Wash. 289
• 31 P. 766
• 1892 Wash. LEXIS 53

Syllabus

<p>APPEAL — MOTION FOR NEW TRIAL —SETTLEMENT OP STATEMENT —TIME OP NOTICE—SUFFICIENCY OP FINDINGS — WHEN QUESTION RAISED—VENUE.</p> <p>A motion for a new trial in the court below is not necessary in order to give validity to an appeal.</p> <p>Where a judgment appealed from is rendered pursuant to a decision of the cause by the judge at chambers, the time for giving notice of the settlement of a statement of facts does not begin to run until notice of the judgment has been given the defeated party.</p> <p>Under Code Proc., §§101,162, where suit is commenced in one county and service had upon defendant there, he may, upon filing an affidavit of merits and showing that he is a resident of another county, have the place of trial changed to the county of his residence.</p> <p>The insufficiency of the findings of fact made by the court below to sustain the judgment may be raised for the first time in the appellate court, when by the action of the lower court and of the respondent no opportunity was given the appellants to move against the findings in the regular manner.</p>