Ness v. Bothell

Citations

• 53 Wash. 27
• 101 P. 702
• 1909 Wash. LEXIS 1266

Syllabus

<p>Appeal — Review—Pleadings—Amendments. In an equity case tried de novo on appeal, it is not error to permit the amendment of the answer to conform to proof received without objection.</p> <p>Appeal — Preservation of Grounds — Objection. Error cannot be alleged in the consolidation of actions for trial, or to allowing amendments to conform to the proofs, where the record shows that no objections were made below.</p> <p>Appeal- — Record—Statement op Facts — Review—Evidence. The judgment will not be disturbed on questions of fact in an equity ease, where the certificate to the statement of facts shows that all of the evidence which was before the lower court is not brought up on appeal.</p>