Sturtevant v. McDougall
Citations
- 45 Wash. 532
- 88 P. 1035
- 1907 Wash. LEXIS 507
Syllabus
<p>Taxation — Action to Cancel Deed — Quieting Title — Pleadings'—• Issues. In an action to cancel tax deeds and quiet title, in which the complaint alleged that, at the time of the foreclosure of the tax lien, M. was the owner of the property, which was admitted by the answer, and the defendants prepared for trial relying thereon, evidence on the part of the plaintiff that D. was the owner at that time, for whom M. held the title in trust, is inadmissible, the same being outside the issues.</p> <p>Akpeal — Record—Pleadings—Amendment. Error in refusing to allow an amendment to the complaint at the trial to conform to proof offered cannot be considered on appeal where the record fails to show a request for leave to file the same or any claim of surprise at the trial.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “it is not proper to propound hypothetical questions purporting to embody testimony that is intended to be submitted, covering all or any aspects of the case, for the purpose of ascertaining from the juror how he will vote on such a state of the testimony”
Source: CourtListener parenthetical corpus (CC0).
Judges: Crow
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