Lilly v. Eklund

Citations

• 37 Wash. 532
• 79 P. 1107
• 1905 Wash. LEXIS 765

Syllabus

<p>Appeal and Eeeoe — Exceptions—Sufficiency. A general exception to all the findings of fact is insufficient unless it appears that each and all are erroneous.</p> <p>Same — Striking Statement — Review oe Eeeoe in Excluding Evidence. Failure to except to the findings of fact in an equity-case, while a valid objection to the consideration of the facts, is not ground for striking the statement, where error is assigned on the action of the trial court in excluding evidence that might have changed the character of the findings.</p> <p>Appeal — Nonsuit—Waiver of Eeroe by Proceeding With Equity Trial. In an equity case, the defendant, by proceeding with the trial, waives error in the overruling of a motion for a nonsuit or dismissal at the close of plaintiff’s case.</p> <p>Evidence — Action to Quiet Title — Judgment—Res Adjudicata as to Indebtedness of Defendant. In an action to quiet title to lands sold under a judgment against the defendants, evidence that the defendants were not indebted, at the time the judgment was entered, is inadmissible, where it appears that the judgment was duly entered after personal service, since the judgment was res adjudicata.</p> <p>Appeal- — Evidence—Harmless Eeeoe. It is not prejudicial error to exclude evidence in rebuttal, where the fact offered in evidence is admitted by counsel in open court.</p> <p>Same. Where the findings in an equity case are not excepted to, error cannot he predicated on the exclusion of evidence that would not have made any material change in the findings of the court.</p>