Traynor v. White

Citations

• 44 Wash. 560
• 87 P. 823
• 1906 Wash. LEXIS 877

Syllabus

<p>Continuance — Absence or Party — Discretion or Court. It cannot be said that the trial court abused its discretion in refusing a continuance on the ground of the absence of one of the defendants, who for some time had been ill in another state, where the action had been pending a long time, the trial had been continued two or three times, and the plaintiff admitted that the absent defendant would testify as claimed in the affidavit for a continuance.</p> <p>Appeal — Review—Incompetent Evidence — Harmless Error. The-admission of incompetent evidence is not ground for reversal in an action tried without a jury where there is a trial de novo on appeal.</p> <p>Appeal — Right to Appeal — Cessation or Controversy. Where a. tender was made by defendants and paid into court, the receipt of the same by plaintiff to be applied on the.judgment after appeal and supersedeas is not a waiver of the judgment determining the action.</p>