Rice Fisheries Co. v. Pacific Realty Co.

Citations

• 35 Wash. 535
• 77 P. 839
• 1904 Wash. LEXIS 481

Syllabus

<p>Appeal — Time foe Taking — Motion foe New Tbial — Suspending Final Effect of Judgment. Where, after judgment, a motion for a new trial is made and denied, the judgment is not of final effect until the motion is determined, and the time for taking an appeal begins to run from the date of the order denying the motion for new trial.</p> <p>Appeal — Review—Affidavits How Brought Up. Affidavits in support of a motion for a new trial will not he considered on appeal unless brought up in a hill of exceptions or statement of facts.</p> <p>Landlord and Tenant — Rightfulness of Possession — Notice to Quit — Instructions. In an action for damages to personal property located on certain premises, wherein the complaint alleges that defendant wrongfully took possession of the premises, it was not error to instruct that, if the relation of landlord and tenant existed between the parties, the latter would he entitled to ten days’ notice in order to determine its rights of occupancy, since the fact hears on the rightfulness of the possession.</p> <p>Malicious Injury to Property — Pleading and Proof — Instructions. In aD action for injury to property, where the complaint charged that defendants acted maliciously, wantonly, and unlawfully, proof of a mere wrongful or unlawful injury was in support of the complaint, and it was not error to refuse to instruct that the burden was upon plaintiff to show malicious and wanton damage.</p> <p>New Trial — Misconduct of Jubob — Poll of Juey — Chanse of Vote. A new trial should not be granted on the ground of improper conduct of the jury, nor because the jury was not immediately returned to the jury room after a poll showing that ten jurors had not agreed to the verdict, where, in a case tried by eleven jurors, it was found upon poll that nine agreed to the verdict and two voted in the negative, and a second poll resulted in the same vote, whereupon one of the two asked and received permission to change his vote, and upon the third poll ten a