Levy v. Sheehan

Citations

• 3 Wash. 420
• 28 P. 748
• 1892 Wash. LEXIS 101

Syllabus

<p>SHERIEE8 — ILLEGAL SEIZURE — DAMAGES—EVIDENCE—STIPULATIONS.</p> <p>In an action against a sheriff for damages for the unlawful seizure of goods, the plaintiff recovered judgment upon an agreed statement of facts, stipulating for trial thereon without a jury. On appeal, the judgment was reversed on the ground that there was no proof of the value of the goods taken. On a re-trial, the court denied plaintiff’s motion for a jury trial, and sustained an objection to proof of the value of the goods, holding that the parties were conclusively bound by the terms of the agreed statement of facts. Held, That, under the circumstances, plaintiff’s action was equivalent to a motion to set aside the stipulation, and proof of value was admissible.</p>