O'Brien v. McKelvey

Citations

• 66 Wash. 18
• 118 P. 885
• 1911 Wash. LEXIS 1005

Syllabus

<p>Appeal — Decision—Law of Case. A decision on appeal that a demurrer was properly overruled, and that certain evidence was improperly excluded, becomes the law of the case, and error cannot be assigned thereon upon a second appeal.</p> <p>Evidence — Experts — Handwriting—Qualification of Experts. Employees in the county auditor’s office are qualified as experts to compare signatures and give an opinion as to whether they were written by the same person, where one of them had had experience in inspecting instruments and signatures thereto offered for record, and the other was a clerk and bookkeeper who had been a receiving and paying teller in a bank.</p> <p>Deeds — Execution—Forgery—Evidence—Sufficiency. The forgery of a deed is sufficiently established where qualified experts compared the signatures with one proven to be genuine by a witness who saw the grantor sign, and were of the opinion that they were not written by the same person, and no attempt was made by the other parties to disclose the circumstances or explain the absence of the original deed.</p>