Koontz v. Koontz

Citations

• 25 Wash. 336
• 65 P. 546
• 1901 Wash. LEXIS 397

Syllabus

<p>TRIAL-CROSS-EXAMINATION- INTERRUPTION BY COURT.</p> <p>The interruption by the court of a cross-examination cannot he alleged as error, when there is no showing that the court refused to allow counsel to proceed therewith, or that exception was taken hy counsel to the action of the court in that regard.</p> <p>MODIFICATION OF JUDGMENT-PROCEDURE-WAIVER OF INFORMALITY.</p> <p>Objection cannot he urged on appeal that an application for the modification of a judgment was made upon motion and affidavits, where the parties in effect treated the motion and affidavits of plaintiff as a petition for modification and defendant’s affidavit as an answer thereto, and testimony was taken hy both parties on the facts thus presented, without any objection being raised at the time.</p> <p>DIVORCE-CUSTODY OF MINOR CHILD-MODIFICATION OF DECREE.</p> <p>A court may modify its decree awarding the custody of an infant child, made in a divorce proceeding, although the time for appeal has expired, when it is shown that new circumstances and conditions have arisen which require a modified decree to meet the new conditions.</p>