McClellan v. Gaston

Citations

• 18 Wash. 472
• 51 P. 1062
• 1898 Wash. LEXIS 579

Syllabus

<p>SERVICE OF PROCESS —WAIVER OF OBJECTIONS—-CONTINUANCE—PROOF OF SICKNESS — MORTGAGED CHATTELS — EIGHT OF MORTGAGEE TO POSSESSION — CONVERSION — VALUE — IRREGULAR VERDICT.</p> <p>Where a defendant has indorsed upon a summons that due and legal service thereof is accepted and admitted by him, he is estopped to afterwards raise the objection that service was made upon him on. a non-judicial day.</p> <p>The refusal of the court to grant a continuance because of the sickness of defendant, who is a material witness in the action, is not an abuse of discretion, when no proof of sickness is submitted with the application for continuance, but merely an affidavit that affiant was told by a relative that defendant was sick and could not be present.</p> <p>A provision in a chattel mortgage, authorizing the mortgagee, in case of default or insecurity of the debt, to take possession of the mortgaged property, “ using all necessary force to do so,” does not warrant the mortgagee or a sheriff in taking possession thereof over the objections of the mortgagor, but, in the absence of the mortgagor’s consent, the contract can be enforced only by due process of law.</p> <p>Objection to the form of a verdict cannot be raised on appeal, when the error has not been called to the attention of the lower court, so as to afford an opportunity to correct it there.</p> <p>The question of the value of goods converted by the sheriff under wrongful levy being one for the jury, their finding thereon will not he disturbed on appeal.</p>