Moylan v. Moylan

Citations

• 49 Wash. 341
• 95 P. 271
• 1908 Wash. LEXIS 581

Syllabus

<p>Actions — Joinder. Under Bal. Code, § 4942, causes of action, upon two distinct contracts may be joined in one action.</p> <p>Appeal — Review—Findings. Findings of a trial court which are supported by the evidence will be affirmed where the supreme court is not satisfied that they are erroneous, or that the evidence, in case of conflict, preponderates against them.</p> <p>Interest — Money Paid. In an action to recover money paid by mistake, interest is allowable from the time of demand made for specific amounts.</p> <p>Witnesses — Competency—Transaction with Deceased. In an ' action by an administrator to recover money paid by the deceased upon a settlement, a question as to what transpired at the settlement and all about it, is objectionable, as calling for statements made by the deceased, contrary to Bal. Code, § 5991.</p> <p>Judgments — Rendition—Time eob. A judgment is not void because not rendered within ninety days after the trial, nor does that of itself constitute reversible error.</p> <p>New Trial — Grounds—Discretion. It is discretionary to deny a new trial on the ground that the stenographer had lost his notes, the appellant offering to pay all costs in order to get a correct record.</p>