Nelson v. Carlson

Citations

• 48 Wash. 651
• 94 P. 477
• 1908 Wash. LEXIS 935

Syllabus

<p>Appeal — Review—Discretion—New Trial. The refusal to grant an extension of time for filing a new trial will not be reviewed except for abuse of discretion.</p> <p>Witnesses — Competency-—Transaction with Deceased. In an action to recover an interest in property as an heir of defendant’s alleged wife, the defendant is incompetent to testify that he was never married to the deceased, since it would he evidence of a transaction between himself and the deceased.</p> <p>Marriage — Evidence—Admissibility—Repute. Evidence of cohabitation, repute and holding each other out as husband and wife, is admissible as tending to show a prior ceremonial marriage, whether a common law marriage is valid or not.</p> <p>Same — Sufficiency. The evidence is sufficient to establish a marriage, where it appears that the parties cohabited and lived together as man and wife in several states, executed deeds as such, and the wife was buried and a monument erected by the husband describing her as his wife.</p>