Schwede v. Hemrich

Citations

• 29 Wash. 124
• 69 P. 643
• 1902 Wash. LEXIS 565

Syllabus

<p>TRIAL — STAY OF PROCEEDINGS — POWER OF COURT.</p> <p>A court has power, even in tbe absence of statutory authority, to stay proceedings in an action until a judgment in another cause in the same court' shall have been first paid and satisfied, when both actions are between the same parties and involve the same subject matter.-</p> <p>APPEAL-OBJECTIONS NOT URGED BELOW.</p> <p>That an affirmative defense is inconsistent with the denials of an answer cannot be urged for the first time on appeal.</p> <p>TRIAL-EXCLUSION OF EVIDENCE.</p> <p>Where the answer admits plaintiffs’ ownership of a lot in controversy, the refusal to admit in evidence the deed showing plaintiffs’ title would not be error.</p> <p>SAME-PAROL TESTIMONY DESCRIPTIVE OF PLAT.</p> <p>Where a plat' of land bordering upon tide water shows the meander line, it is not error to. refuse to allow a witness to testify, upon a view of the plat, as to whether the lot in controversy comes up to the meander line, since the plat would show that fact for itself.</p> <p>SAME • — • LEADING QUESTIONS.</p> <p>Questions ashed of plaintiff as' to what was said, to defendant about holding him to -his contract, the breach of which was in issue, were properly excluded as leading and suggestive.</p> <p>EVIDENCE-ADMISSIBILITY OF ERRONEOUS PLAT.</p> <p>A copy of the original plat of an addition, although containing errors, is admissible in evidence for the purpose of showing the location of a lot therein, the errors being explainable by other testimony.</p> <p>SAME — HARMLESS ERROR.</p> <p>In an action for breach of contract to apply for and procure from the state land commission for plaintiffs the tide land abutting upon their upland lot, the admission in evidence of what proof the defendant offered before the hoard to establish plaintiffs’ title was not prejudicial error, since it was merely cumulative of the record of the commissioners showing the judgment rendered, which must he presumed as based upon competent and satisfa