Sackman v. Thomas

Citations

• 24 Wash. 660
• 64 P. 819
• 1901 Wash. LEXIS 588

Syllabus

<p>REQUESTED FINDINGS-INCONSISTENCY.</p> <p>The rule which declares it error for the court to make inconsistent findings has no application where a party to an action presents a request to the court in the alternative for two sets of findings, which are inconsistent in some particulars, for it is not objectionable to present findings covering different phases of the case which the testimony may support.</p> <p>NOTICE OF APPEAL-PROOF OF SERVICE-SUFFICIENCY.</p> <p>Under the statutes of this state governing appeals, it is unnecessary that proof of service of a notice of appeal should show where it was served, since service may, by statute, be made either within or without the state, and written admission of service is sufficient, without stating the place and manner of service, as is required in proof of service of summons.</p> <p>EVIDENCE-1 TRANSACTIONS WITH DECEASED PERSON-ADMISSIBILITY.</p> <p>Bal. Code, § 5991, which provides that no person offered as a witness shall be excluded from giving evidence by reason of his interest in the event of the action, as a party thereto or otherwise, provided, that in an action or proceeding where the adverse party sues or defends as deriving right o'r title by, through, or from any deceased person, then a party in interest or to the record shall not be admitted to testify in his own behalf as' to any transaction had by him with, or any statement made to him by, any such deceased person, has no application where the person offered as a witness was merely a party to the original contract with the deceased person, but is not a party to the suit, either directly or indirectly, and not bound in any way by the judgment in the particular proceedings in which the testimony of such witness is offered.</p> <p>SAME-COMMUNICATIONS BETWEEN HUSBAND AND WIFE-PRIVILEGED CHARACTER.</p> <p>8emMe, that Bal. Code, § 5994, which provides that neither a husband nor wife shall, during marriage or afterwards, without the consent of the other, be examin