Shephard v. Gove

Citations

• 26 Wash. 452
• 67 P. 256
• 1901 Wash. LEXIS 667

Syllabus

<p>JUDGES-CORRECTION OF ERRONEOUS DECISION BY SUCCESSOR IN OFFICE.</p> <p>Erroneous decisions made by a judge in an action are properly correctible by his successor in office, where the action was not heard and determined prior to the succession to office .of the later incumbent.</p> <p>APPEAL — OBJECTIONS NOT URGED BELOW.</p> <p>Where objection was not raised in the lower court that defendant had no right to interpose by answer the same defense that had been overruled on demurrer, it cannot be urged on appeal.</p> <p>FINDINGS OF FACT AND CONCLUSIONS OF LAW-SEPARATE STATEMENT.</p> <p>Under Bal. Code, § 5029, which provides that, in giving the decision in an action tried by the court, the facts found and the conclusions of law shall be separately stated, it is sufficient, where the findings and conclusions are placed under one cover, if they are separately and specifically set forth under their appropriate headings.</p> <p>LIMITATIONS-ACTION ON DOMESTIC JUDGMENT.</p> <p>Actions on domestic judgments fall within the provision of Bal. Code, § 4798, which limits actions on judgments of any state or territory to a period of six years after the accrual of a cause of action.</p>