Spencer v. Commercial Co.

Citations

• 36 Wash. 374
• 78 P. 914
• 1904 Wash. LEXIS 565

Syllabus

<p>Appeal — Review—Findings. Where, in an action tried by the court after waiving a jury, the evidence is not brought up and the findings are within the issues, and warrant the conclusions' of law, the merits of the case are not reviewable.</p> <p>Costs — Attorney’s Fees. In an action for damages for breach of the covenants of a lease, it is error to allow an attorney’s fee of $100 in addition to the statutory fee.</p> <p>Appeal and Error — Exceptions — Suppiciency. Error in allowing an attorney’s fee is properly presented for review in the appellate court by excepting to the allowance when first set forth in the conclusions of law; and, when it is part of the judgment, it is deemed excepted to, and need not be urged in the court below.</p> <p>Appeal and Error — Decision—Attorney's Fee — Costs. Upon remanding a case wherein the only error was in allowing an attorney’s fee in the sum of $100, the judgment will be affirmed except as. to said sum, with instructions to the lower court to modify the decree, the costs of the appeal to be taxed in favor of the appellant.</p>