Voss v. Bender

Citations

• 32 Wash. 566
• 73 P. 697
• 1903 Wash. LEXIS 457

Syllabus

<p>WRONGFUL ATTACHMENT ■— ACTION ON BOND-MISJOINDER OF CAUSES.</p> <p>In an action on an attachment bond, a complaint asking damages for the value of the goods, for expenses incurred in dissolving the attachment, for loss of time occasioned by the wrongful issuance of the writ, and for attorneys’ fees in the action on the bond, is not demurrable on the ground of joining actions ex contractu and ex delicto, inasmuch as all the damages arise out of the attachment for which the bond had been given.</p> <p>SAME- — -PROBABLE CAUSE-ADVICE OF COUNSEL-WHEN QUESTION FOR JURY.</p> <p>The question of probable cause for the issuance of a wrongful attachment, though on the advice of an attorney, is one for the jury and not for the court, where there is evidence tending to show that the attorney was falsely informed as to the facts, or not put in possession of all the facts.</p> <p>TRIAL-ATTORNEY AS WITNESS-WAIVER OF RIGHT TO ARGUE CAUSE -RULES OF COURT.</p> <p>Under Bal. Code, § 4993, subd. 5, which provides that parties litigant may address the court and jury, either in person or by counsel, a party may waive his right to argument, and a rule of court depriving an attorney of the right to argue his cause to the jury, when he has given evidence on the merits in behalf of his client, creates a condition which amounts to a waiver of the right, and therefore in no sense conflicts with the privilege conferred by the statute.</p>