Singer v. Metz Co.

Citations

• 101 Wash. 67
• 171 P. 1032
• 1918 Wash. LEXIS 1241

Syllabus

<p>Appeal—Bond—Time for Filing. Under Rem. Code, § 1721, providing that an appeal shall be ineffectual unless at or before the time of giving notice or five days thereafter, an appeal bond shall be filed, an appeal bond filed 83 days before the giving of notice is sufficient.</p> <p>Same—Abstract — Amendment — Dismissal. Under Rem. Code, § 1730-6, giving appellant an opportunity to- amend or supplement the abstract if, deficient, failure of the abstract to conform to court rules is not ground for dismissing the appeal in the first instance.</p> <p>Same—Abstract—Sufficiency. An abstract will not be struck out for defects that are amendable such as omissions in the title page; and it is not necessary to set out the pleadings or evidence in full.</p> <p>Appeal—Review—Verdict. Where the evidence was conflicting and the case was submitted on proper instructions, error cannot be predicated on the insufficiency of the evidence.</p> <p>Evidence—Admissibility—Res Gestae — Declarations Against Interest. ' In an action for injuries sustained in an automobile collision, the statement by defendant’s driver, taken down by a clerk in the police department that he had “cut the corner,” is inadmissible either as part of the res gestae or as a declaration against interest by a party to the suit.</p> <p>Witnesses—Impeachment. Where a passenger in an automobile testified that the driver did not admit that he “cut the corner,” the driver’s statement that he had done so, taken down by a clerk in the police department, is inadmissible to impeach the witness; since a witness cannot be impeached by statements of others for which he was not responsible, and because it related to a collateral matter.</p>