Shell v. Svennson

Citations

• 93 Wash. 40
• 159 P. 1076
• 1916 Wash. LEXIS 829

Syllabus

<p>Appeal — Review—Harmless Error — Instructions. In an action to recover the value of property, exempt to plaintiff as a householder and farmer, error in instructions authorizing a verdict for plaintiff if the jury found he was a householder is harmless where it was undisputed that he was also a farmer.</p> <p>Exemptions — Waiver—Time for Filins Claim. A claim for exemptions from execution is not waived by a request to postpone the sale in the hope of paying the judgment, when the claim was filed as required by statute within a reasonable time before sale.</p> <p>Same — Claim—Filing—Release of Property. Upon filing a claim for exemptions from execution due to a householder and farmer, it is the duty of the sheriff to release the property where no appraisement was demanded, as provided in Rem. 1915 Code, § 573.</p> <p>New Trial — Newly Discovered Evidence. A new trial should not be granted for newly discovered evidence that is merely cumulative.</p>