Loeper v. Loeper

Citations

• 51 Wash. 682
• 99 P. 1029
• 1909 Wash. LEXIS 1255

Syllabus

<p>Quieting Title — Pleadings—Issues and Proof — Actions—Relief Under Cross-Complaint — Variance. Where a complaint by a wife for separate maintenance or a partition of real property is dismissed, and the cause is tried on the husband’s cross-complaint seeking to quiet his title to separate property, a personal judgment against the husband is outside of the issues, there being nothing in the cross-complaint or reply to warrant it; and it is error to award the plaintiff affirmative relief.</p> <p>Appeal — Record—Bill of Exceptions — Necessity. Where there are no findings of fact and no bill of exceptions or statement of facts, error in awarding a party relief outside of the issues requires a reversal of the judgment.</p> <p>Costs — When Discretionary. Upon dismissing a complaint, and quieting defendant’s title on a cross-complaint, costs to defendant are discretionary.</p>