Wild Rose Orchard Co. v. Critzer

Citations

• 79 Wash. 462
• 140 P. 561
• 1914 Wash. LEXIS 1218

Syllabus

<p>Pleading — Complaint—Waiver of Objections and Proof. In an action upon an attachment bond for wrongful attachment, the fact that the damages sustained had not been paid is tacitly admitted, although not directly pleaded in the complaint, where no demurrer was interposed and the only defense pleaded or raised during the trial was that the attachment was rightfully issued on the advice of ; counsel and with probable cause.</p> <p>Attachment — Wrongful Attachment — Probable Cause -t-Grounds — Evidence—Sufficiency. Probable cause for issuing an attachment on the ground that defendant was about to dispose of its property for the purpose of defrauding creditors does not appear from the mere fact of indebtedness to others and inability to pay up and an offer to turn over a team in payment of a debt, where the plaintiff finally admitted that he never knew or heard of defendant’s trying to dispose of its land or personal property except the team of horses.</p> <p>Same — Wrongful Attachment — Defenses—Advice of Counsel. It is no defense to an action for wrongful attachment that it was issued on the advice of counsel, where the facts relied on and stated to the attorney were no more than sufficient to raise a suspicion of insolvency.</p> <p>Same — Wrongful Attachment — Defenses—Advice of Counsel— Presumptions. The presumption of probable cause for the issuance of an attachment upon the advice of counsel arises only when it appears that all of the facts were submitted to the attorney.</p> <p>Same — Wrongful Attachment — Actions — Province of Court and Jury. Whether particular facts constitute probable cause for the issuance of an attachment is a question exclusively for the court; what the facts are, is a question for the jury when there is any controversy in reference thereto.</p> <p>Appeal — Harmless Error — Evidence. Error cannot be predicated on the rejection of evidence where the same was afterwards admitted.</p> <p>Attachment — Wrongful Attachment — Measure of Damages.