Poncin v. Furth

Citations

• 15 Wash. 201
• 46 P. 241
• 1896 Wash. LEXIS 162

Syllabus

<p>JURY —PEREMPTORY CHALLENGES — WAIVER — ACTION ON DECEDENT’S NOTE — EVIDENCE — PROOF OF HANDWRITING — PRESUMPTIONS — JUDGMENT FOR ATTORNEY FEES — STATUTES — VOID AMENDMENT.</p> <p>Under the provisions of Code Proc., §348, governing peremptory challenges, the defendant cannot proffer a peremptory challenge to a juror on the panel, when the jury has been passed for cause and the defendant has failed to peremptorily challenge such juror until after several talesmen have been called and examined in place of jurors excused at the peremptory challenge of the plaintiff, as the right of challenge must be exercised alternately by the adverse parties.</p> <p>The testimony of a witness as to the signature of a decedent is sufficient to go to the jury, when it appears that the witness had been intimately acquainted with the deceased for a period of forty years, a part of the time in partnership, that their business relations were extensive and frequent, and that he had often seen the deceased sign his name, and was as familiar with the handwriting of deceased as with his own, and had no doubt that the signature in evidence was that of deceased.</p> <p>A witness is competent to testify to his opinion as to the genuineness of handwriting, after showing knowledge of the handwriting, founded on adequate means of knowledge, there being no precise standard fixing the degree of knowledge necessary.</p> <p>The rule that a valuable consideration for a note is presumed from the proof of due execution and the production of the note by a plaintiff, applies alike in actions against the maker while alive, and in actions against his administrators upon the rejected claim founded upon such note.</p> <p>The attempted amendment of §1468, Code 1881, by reference to its section number, in the act of 1883, being ineffectual, such section continues in force as now incorporated in Code of Procedure as §980.</p> <p>In an action on a promissory note, plaintiff is entitled, under Code Proc., §803, to