Ryan v. Lambert

Citations

• 49 Wash. 649
• 96 P. 232
• 1908 Wash. LEXIS 642

Syllabus

<p>Pleading — Answer—Argumentative Denial. In an action of unlawful detainer, an answer that defendants were holding under a different lease from that alleged in the complaint is only an argumentative denial, and adds nothing to a general denial in the answer.</p> <p>Same — Reply—Inconsistency. A denial in a reply that defendants hold under a certain lease is not inconsistent with a denial of the validity'of the lease.</p> <p>Trial — Nonsuit—Waiver op Objections — Appeal — Review. A motion for a nonsuit is waived by proceeding with the trial, and the case will thereafter be reviewed on the entire testimony only.</p> <p>Husband and Wipe — Community Property — Leases—Execution. A lease of community property is invalid where it was executed by the husband alone, and the wife did not authorize or assent thereto or acquiesce therein.</p> <p>Landlord and Tenant — Void Lease — Estate Created. Where a lease for the period of ten years, with monthly rent reserved, is invalid, the lessees become tenants from month to month.</p> <p>Pleading — Issues, Proof and Variance. A defendant cannot complain that evidence and instructions were not applicable to the issues presented by the complaint, when such issues were brought in by his affirmative answer.</p> <p>Trial — Argument of Counsel — Reading Law. It is not error to refuse to allow counsel to read statutes or judicial decisions as part of his argument to the jury.</p>