Western Farquhar Machinery Co. v. Pierce

Citations

• 113 Wash. 141
• 193 P. 708
• 1920 Wash. LEXIS 835

Syllabus

<p>Replevin (61-63) — Action on Re-Delivery Bond — Defenses. In an action upon a redelivery bond, given in a suit to replevin machinery, the defendant cannot set up a defense which he might have interposed in the replevin suit to the effect that the plaintiff was not the owner or in possession of the machinery, and did not own the note given for the purchase price.</p> <p>Pleading (101) — Amendment—Discretion. Where two answers have been served, it is within the discretion of the court to refuse to permit a second amended answer.</p> <p>Replevin (61-63) — Action on Bond — Defenses. Where interest was allowed as part of the judgment in replevin, the defendant in an action on the replevin bond cannot set up that no interest should be allowed.</p>