Stubblefield v. McAuliff

Citations

• 20 Wash. 442
• 55 P. 637
• 1898 Wash. LEXIS 547

Syllabus

<p>REVIEW ON APPEAL •—REFUSAL TO TRY ACTION PIECEMEAL—LIMITATIONS—EXTENSION BY PARTIAL PAYMENTS—POWER OF HUSBAND TO BIND WIFE.</p> <p>An order of the trial court overruling a motion for another trial upon issues raised by one of the defendants in a mortgage foreclosure suit will not be disturbed, when it appears that the court deemed the decree entered on the former trial a final one, in which the plaintiff had tacitly acquiesced for a period of ten months, and had perfected an appeal therefrom as a final decree.</p> <p>Where a note secured by a mortgage of community realty has been executed by a man and wife, payments of principal or interest mereon made by the husband without the authority of the wife after maturity will not extend the time of the running of the statute of limitations as against her.</p>