Rawson v. Ellsworth

Citations

• 13 Wash. 667
• 43 P. 934
• 1896 Wash. LEXIS 113

Syllabus

<p>■APPEAL — OBJECTIONS NOT RAISED BELOW — ADMISSION OP EVIDENCE — INSTRUCTIONS — HARMLESS ERROR—FORECLOSURE SALE OF CHATTELS— NOTICE.</p> <p>Objections' to the form of a verdict in replevin cannot be ráised for the first time in the appellate court.</p> <p>Appellant cannot object to the admission of immaterial evidence when it was admitted in rebuttal of the same character of evidence introduced by himself.</p> <p>A charge to the jury that the statute requires that three copies of the notice of a foreclosure sale of chattels be posted in the most public places in the county — the statute simply requiring notice to be posted in three public places —is harmless error when there is no contention at the trial over that matter and the uncontradicted testimony shows they were regularly posted.</p> <p>A sale of chattels upon foreclosure of mortgage thereon is invalid unless notice has been served upon one in possession of the chattels claiming as owner thereof.</p>