Maughlin Mill Co. v. Hamilton

Citations

• 61 Wash. 66
• 111 P. 1067
• 1910 Wash. LEXIS 1284

Syllabus

<p>Actions — Misjoinder op Causes — Injunction—Bonds. An action upon an injunction bond indemnifying tbe plaintiff to tbe extent of $500 is not demurrable on tbe ground of misjoinder of causes of action, from tbe fact that it alleges damages and prays for judgment in excess of tbe amount of tbe bond, where all tbe damages alleged were of sucb a nature as to be secured by tbe bond up to tbe amount limited tbereon.</p> <p>Vendor and Purchaser — Bona Hides — Constructive Notice — Possession. A purchaser of timber lands has sufficient notice of a prior unrecorded deed of tbe timber to put him on inquiry, where be bad knowledge that tbe purchaser of tbe timber bad constructed a logging camp, bouses, etc., and a skid road on tbe land and had cut nearly a million feet of logs then lying on tbe ground.</p> <p>Appeal — Review—Harmless Error — Counterclaim—Exclusion. It is not prejudicial to exclude evidence of damages under a counterclaim for trespass, in an action upon an injunction bond which restrained tbe plaintiff from cutting timber on defendants’ lands, where the principal issue was over the plaintiff’s right to tbe timber conveyed to him by a deed prior to defendants’ deed to the land, and both parties were allowed to introduce their evidence on this issue, which was resolved in favor of the plaintiff.</p> <p>Injunction — Bonds—Indemnity—Damages Recoverable. In an action on an injunction bond, to indemnify plaintiffs from damages by reason of a temporary restraining order, until the hearing could be had, returnable May 15, it is not error to allow the plaintiff to show damages suffered up to May 22, at which time the hearing was had and the order dissolved, where it appeared that the plaintiff required that additional time in order to prepare for the hearing.</p>