Lee v. Ryzek

Citations

• 103 Wash. 622
• 175 P. 297
• 1918 Wash. LEXIS 1126

Syllabus

<p>Judgment — Bar—Pleading—Newly Discovered Fraud. An action to modify or vacate former judgments between the same parties on the ground of newly discovered fraud is barred by the former decrees where the complaint contains no allegation of any new fraudulent matter occurring since, or different from, that a'lleged in the former causes.</p> <p>Trover and Conversion — Complaint—Title of Plaintiff. A complaint alleging that, after plaintiff’s sale and delivery of chattels to a third party, the defendants converted them to their own use, does not state a cause of action for conversion, since the plaintiff had no title or right of possession.</p> <p>Appeal — Harmless Error — Pleading. While not commendable pleading to refer to records and make them part of a complaint, it is not prejudicial where they only make plain and do not alter the effect of the pleading.</p>