Ranahan v. Gibbons

Citations

• 23 Wash. 255
• 62 P. 773
• 1900 Wash. LEXIS 357

Syllabus

<p>APPEAL — RECORD—NOTICE OF APPEAL — PRESUMPTIONS.</p> <p>When it is manifest from the entire record that notice of appeal has been duly given in open court, the fact that the clerk’s entries recite that appellants gave notice in open court that they “intended to appeal” will be presumed as inadvertently entered.</p> <p>SAME.</p> <p>The presumption arises from the fact that entry of a notice of appeal has been made that the clerk was directed by the court to make it, and it is unnecessary for the record to recite that the clerk was so directed.</p> <p>EXCEPTIONS — SUFFICIENCY OF.</p> <p>An exception to findings of fact, specifying them by number, is a sufficient compliance with the statutory requirement (Bal. Code, § 5052) that a party excepting must specify the part or parts excepted to; and the fact that the party excepting used the word “objection” instead of “exception,” is immaterial, when the context makes it evident that he was urging an exception to the findings..</p> <p>SAME.</p> <p>Where exceptions to findings of fact and conclusions of law were duly made in open court and taken down by the court stenographer, but through oversight were not filed or noted o’fi the margin or at the foot of the decision by the judge, as required by Bal Code, § 5052, it is within the power of the court, by nunc pro tunc order, to direct their filing and attaching to the findings as of the date of the findings.</p> <p>ASSIGNMENTS OF ERROR.</p> <p>An assignment of errors is sufficient when there can be gathered therefrom the points upon which the appellant relies for a reversal.</p> <p>FINDINGS BY COURT-CONCLUSIVENESS.</p> <p>Although the evidence may be conflicting, the findings of the trial court will not be allowed to control, when they are opposed by a clear preponderance of the evidence, or where the overwhelming weight of the evidence is in favor of the appellant.</p> <p>CONTRACTS — MUTUAL ASSENT NECESSARY.</p> <p>A proposition by appellant that, if respondent and a thir