Nelson v. Nelson Bennett Co.

Citations

• 31 Wash. 116
• 71 P. 749
• 1903 Wash. LEXIS 592

Syllabus

<p>BILLS OF EXCHANGE-WAIVES OF NECESSITY FOB WRITTEN ACCEPTANCE-FAILURE OF PROOF.</p> <p>In an action by plaintiffs upon an unaccepted order for thv payment of money, which, under Laws 1899, p. 362, § 126 et seq., would not bin'd the drawee unless accepted in writing, it was error to refuse a directed verdict in defendant’s favor, where the allegations of the complaint as to an agreement obviating the necessity for a written acceptance were wholly unsupported by evidence.</p> <p>COSTS-JURY FEE IN CIVIL CASES-REPEAL OF STATUTE.</p> <p>The act of 1857 providing that a jury fee of |12 shall be taxed as costs in civil actions was impliedly repealed by the general act on tbe subject of fees and costs, found in Laws 1893, p. 421, wbieb enumerates tbe fees to be collected by clerks of superior courts, expressly stating that certain fees shall be collected in causes tried by a jury, but nowhere specifying a jury fee among them.</p>