Mantle v. Dabney

Citations

• 47 Wash. 394
• 92 P. 134
• 1907 Wash. LEXIS 773

Syllabus

<p>Appeal—Decision—Retrial—Amendments. Upon the reversal of a case and remand for a new trial, it is not error for the trial court to refuse to allow the answer to be amended, in a respect which would be inconsistent with the original answer and testimony of the defendants and the theory on which the case was first tried.</p> <p>Bills and Notes—Mortgages—Actions—Conditions Precedent— Conflict of Laws. Foreclosure of security is not a prerequisite to an action in this state upon a note made in Montana, secured on property in California, under the statutes of Montana requiring foreclosure of a mortgage before any resort to the note secured thereby.</p> <p>Appeal—Exceptions. Error cannot be predicated on the exclusion of evidence where no exception was taken to the ruling.</p>