Sweeney v. Pacific Coast Elevator Co.

Citations

• 14 Wash. 562
• 45 P. 151
• 1896 Wash. LEXIS 407

Syllabus

<p>APPEAL — ASSIGNMENT OP ERROR — OBJECTIONS NOT RAISED BELOW — ACTION AT LAW — DEPENSE OP ESTOPPEL.</p> <p>An instruction is not entitled to consideration on appeal, where it was especially excepted to on a ground different from that urged in the appellate court.</p> <p>The making of a motion below for a new trial upon the statutory grounds does not save an objection goiDg to the form of the action, in that the testimony shows a variance or a failure of proof, where no objection was made to the admission of the evidence, nor any motion for non-suit on account of failure of proof, nor any request for an instruction to find for the appellant for such reason.</p> <p>Matter by way of estoppel is available as a defense in an action at law as well as one in equity.</p>