Magee v. Risley

Citations

• 82 Wash. 178
• 143 P. 1088
• 1914 Wash. LEXIS 1489

Syllabus

<p>Judgment — Res Judicata — Finality — Findings. An oral announcement of a decision by a trial judge cannot be pleaded as res judicata or a bar to a second action, where in the first action there was no entry of any final judgment.</p> <p>Husband and Wipe — Community Property — Rights op Wipe Living Apart — Estoppel—Laches. A wife who deserted her husband for more than ten years and never filed any claim of a community interest in land standing in the name of her husband, pursuant to Rem. & Bal. Code, § 8772, is estopped from asserting any interest therein after the husband had sold and conveyed the same to a T)ona fide purchaser for value, without notice of the marriage relation.</p> <p>Appeal — Review—Findings op Fact — Presumptions—Absence op Evidence. In the absence of a statement of facts, the fact that the findings are incomplete upon a disputed question does not raise a presumption that no findings thereon were warranted by the evidence, but every presumption is in favor of the decree, in the absence of an affirmative showing that the necessary facts to sustain it did not exist.</p>