Warehime v. Schweitzer

Citations

• 51 Wash. 299
• 98 P. 747
• 1908 Wash. LEXIS 1019

Syllabus

<p>Appeal — Preservation of Grounds — Exceptions to Findings. One general exception to several distinct findings of fact is insufficient to secure a review of the findings unless all are erroneous.</p> <p>Appeal — Record—Statement op Facts — Insufficiency of Exceptions to Findings. A statement of facts will not be struck out because of insufficiency of exceptions to findings of fact, where errors are assigned relating to the trial and the introduction of testimony.</p> <p>Continuance ■ — • Conditions — Payment of Costs. It is not an abuse of discretion to require the payment of costs, including the mileage of plaintiff’s witnesses, as a condition for the granting of a continuance, asked for on the opening of the trial on behalf of the defendant who was unable to be present because in jail, where such defendant had had fifteen days notice of the day of trial.</p> <p>Appeal — Review—Discretion—Continuance. The refusal of a continuance will be reviewed only for abuse of discretion.</p> <p>Replevin — Evidence—Relevancy. In replevin of a horse, where plaintiff has testified positively that his son had no authority to sell the horse but had possession only for the purpose of working it, questions on cross-examination as to what plaintiff’s son was to do with the money, or if he would have been satisfied if the son had ■ mortgaged the horse, and the like, are properly excluded as irrelevant and immaterial.</p> <p>Fullerton, J., dissents.</p>