Ramsdell v. Ramsdell

Citations

• 47 Wash. 444
• 92 P. 278
• 1907 Wash. LEXIS 783

Syllabus

<p>Appeal—Review—Questions Reviewable. The appellant has a right to appeal on the judgment roll and question the sufficiency of the complaint and findings to support the judgment.</p> <p>Divorce—Pleading—Jurisdiction—Residence. An allegation of plaintiffs residence in this state for one year, and in the county at the time suit is brought, is essential to jurisdiction in an action for divorce.</p> <p>Appeal—Record—Bill oe Exceptions. Testimony not embodied in a bill of exceptions or statement of facts cannot be considered on appeal.</p> <p>Appeal—Review—Amendments—Divorce—Jurisdiction. Where the complaint and findings in an action for a divorce fail to show the residence of the plaintiff, and the evidence is not brought up on appeal, the complaint cannot be deemed amended to cure the defect, and a decree of divorce must be reversed for want of jurisdiction. '</p> <p>Divorce—Decree—Division of Propebtt. Upon granting a wife a divorce, the court may award all the property, community and separate, to the wife.</p> <p>Costs—On Appeal. Where defects might have been readily cured by amendment in the court below, and appellant 'did not call the court’s attention thereto, but had a right to first raise them on appeal, no costs will be allowed in the supreme court on reversing the judgment.</p>