Standard Furniture Co. v. Anderson

Citations

• 38 Wash. 582
• 80 P. 813
• 1905 Wash. LEXIS 1210

Syllabus

<p>Pleadings—Trial—Amendment—To Show Venue in Replevin. A trial amendment to the complaint to show the venue in replevin is within the discretion of the trial court, and will not be reviewed where no abuse thereof is shown.</p> <p>Replevin—Demand—Upon Husband—Community Personalty. In an action of replevin against a husband and wife for the recovery of community personal property, demand on the husband is sufficient.</p> <p>Appeal and Error—Record—Statement of Facts—Amendments—Service Before Filing. Where amendments to a proposed statement of facts were served on the same day they were filed, it will be presumed that they were filed before they were served, in the absence of an express showing io the contrary, and an affidavit to the effect that at the time of service they had no file marks on them, is not sufficient to overcome the presumption.</p> <p>Appeal and Error—Review—Theory of Trial. Where defendants tried a case below on the theory that it was an action of replevin, they cannot claim in the supreme court that it cannot be regarded as an action of replevin.</p>