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· 9/30/1915

Stewart v. Pacific Finance Co.

Citations

  • 87 Wash. 484
  • 151 P. 1092
  • 1915 Wash. LEXIS 930

Syllabus

<p>Pleading—Complaint—Separate Causes of Action. In an action for the collection of the amount due on bonds, and, as ancillary thereto, to foreclose a collateral pledge, a guaranty of which was merely pleaded as an incident, the plaintiff should not be required to separately state causes of action for foreclosure and upon the guaranty, as it in no sense constituted a separate cause of action.</p> <p>Appeal—Record—Necessity. Error cannot be assigned upon alleged action of the court where there is nothing in the record to show the same.</p> <p>Appeal—Review—Objections Below. Error cannot be assigned on points that were never presented to the trial court.</p> <p>Appeal—Review—Findings. Findings upon conflicting evidence will not be disturbed on appeal where the supreme court cannot say that the evidence preponderates against them.</p>

Judges: Ellis

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