Owens v. Bausman
Citations
- 105 Wash. 412
- 177 P. 792
- 1919 Wash. LEXIS 571
Syllabus
<p>Mortgages (243)—Foreclosure—Attorney’s Fees—Stipulation in Note. A mortgage note containing a promise to pay a reasonable attorney’s fee, in case suit is instituted to collect the note, entitled attorneys in a foreclosure action to a reasonable fee upon a settlement and discontinuance of the foreclosure.</p> <p>Bills and Notes (7)—Consideration. The amount which attorneys in a foreclosure action were entitled to as a reasonable fee under the terms of the mortgage note, agreed to upon settlement of such action, is a good and valuable consideration for a note therefor by the mortgagors to the attorneys.</p> <p>Appeal (462)—Review—Harmless Error—Instructions. Error in instructions to the jury is harmless where the verdict was merely advisory.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that when a defendant fails “to plead to the action” after being summoned and otherwise “stands mute,” the defendant “confesses the plaintiff’s cause of action and right of recovery”
- default admits nothing more than plaintiff's right to recover on the cause of action, but defendant has the right to controvert the amount of damages
Source: CourtListener parenthetical corpus (CC0).
Judges: Main
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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