Puget Sound Iron & Steel Works v. First International Bank

Citations

• 91 Wash. 109
• 157 P. 212
• 1916 Wash. LEXIS 1006

Syllabus

<p>Trial — Province of Court and Jury — Directing Judgment — Garnishment. Where, in garnishment proceedings, there is substantially no dispute on any of the facts, the court is warranted in talcing an issue from the jury and directing judgment.</p> <p>Appeal — Review—Parties Entitled to Allege Error. Upon an appeal by plaintiff from a judgment in garnishment limiting his recovery, error in refusing to dismiss the garnishment cannot be urged by garnishees who did not appeal.</p> <p>Garnishment — Judgment—Attorney’s Fees — Statutes. Under Rem. & Bal. Code, § 704, allowing costs and reasonable attorney’s fees against plaintiff to a garnishee who is discharged upon his answer, and against defendant if the garnishee is held, with costs to abide the result if the answer is controverted, attorney’s fees are properly allowed against plaintiff where the answer was controverted and the court found substantially in accordance with the answers.</p>