Winton Motor Carriage Co. v. Blomberg

Citations

• 84 Wash. 451
• 147 P. 21
• 1915 Wash. LEXIS 1230

Syllabus

<p>Judgment — Consent to Entry — Validity—Waiver of Proof — Review. Judgments by consent are valid as between the parties, dispensing with the necessity of proof of the complaint, and, in the absence of fraud or mistake, are not reviewable on appeal.</p> <p>Pleading —' Answer to Amended Complaint • — • Striking Matters Previously Waived. Where the defendant in an action of replevin for two motor cars waived his counterclaim as to damages for one of the cars, and agreed to judgment in favor of plaintiff for the possession of such car, he could not, in an answer to an amended complaint for the replevin of the other car, interpose a counterclaim for the damages so waived.</p> <p>Judgment — Distinct Judgments in'Same Case — Separable Subject-Matter — Appeal and Error — Harmless Error. Where there are separable causes of action set up in an action, the entry of judgment by consent as to one cause and continuance as to the other is not prejudicial error, and nothing more than an irregularity when the court has jurisdiction of parties and subject-matter.</p> <p>Appeal and Error — Notice of Appeal — Sufficiency. Where there were two judgments in one action, and appeal was taken from but one, without mentioning the other in the notice, the latter cannot be considered on appeal, in view of Rem. & Bal. Code, § 1719, which provides that the notice shall designate with reasonable certainty from what judgment or orders, whether one or more, the appeal is taken.</p> <p>Judgment — Res Judicata — Replevin. In an action to replevin two motor cars, where the parties stipulate in open court that judgment may be entered for the possession of one car and the cause continued as to the other car, and no appeal is taken from the judgment by consent or from an order refusing to vacate same, the judgment is res judicata as to all matters relating to the car involved in the consent judgment.</p> <p>Sales — Conditional Sales — Actions — Defenses — Default— Waiver. In an action of replevin for t