Lebovitz v. Cogswell

Citations

• 83 Wash. 174
• 145 P. 212
• 1915 Wash. LEXIS 678

Syllabus

<p>Actions — Misjoinder or Parties — Common Interest in Cause. Plaintiffs have a common interest in a cause of action for fraud, under Rem. & Bal. Code, § 189, providing for joinder of plaintiffs in such case, and there is no misjoinder of parties, where they were induced by one of the defendants to take an interest in three sections of timber lands, each taking title to one of the sections and holding as tenants in common; Id., §406, providing that judgment may be given for or against one or more of the several plaintiffs and for or against one or more of the several defendants.</p> <p>Appeal — Record—Statement or Pacts — Necessity—Certiricate. The sufficiency of the evidence to support the verdict cannot be considered in the absence of a properly certified statement of facts; and it is not sufficient to certify that the matters and proceedings embodied in the bill are matters and proceedings occurring in the cause, and that the attached exhibits were all the exhibits “admitted upon the trial of said cause.”</p> <p>Trial — Verdict—Several Verdicts. In an action by plaintiffs, having a common interest in a cause of action for damages for fraudulent representations, the jury may be instructed to return a several verdict as to each plaintiff, under Rem. & Bal. Code, § 364, authorizing the courts to direct special verdicts or findings upon particular facts.</p> <p>Appeal — Review'—Harmless Error. Any error in directing several verdicts for two plaintiffs instead of a joint verdict for the aggregate sum, is harmless.</p> <p>Appeal — Record—Aeeidavits. Affidavits upon a motion for a new trial cannot be considered unless included in the statement of facts.</p>