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F. T. Crowe & Co. v. Brandt

F. T. Crowe & Company v. Peter Brandt

F. T. Crowe & Co. v. Brandt, 97 P. 503 (Wash. 1908)
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Court
Washington Supreme Court · State Highest Courts
Decided
October 6, 1908
Docket
No. 7430
Citations
97 P. 50350 Wash. 4991908 Wash. LEXIS 771
Disposition
Affirmed.
Syllabus
Appeal — Review—Exceptions. One general exception to the refusal1 of proposed findings of fact and conclusions °of law is insufficient to secure a review of the findings made. Appeal — Record—Statement op Facts. Where no error is predicated upon the exclusion of evidence, and there are no exceptions to the findings of fact, the statement of facts will he struck out, and the judgment affirmed if the findings sustain the judgment.
Summary
Appeal from a judgment of the superior court for King county, Morris, J., entered February 17, 1908, upon findings in favor of the defendants, after a trial before the court without a jury, in an action to foreclose a mechanics’ lien.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per. Curiam.

This was an action to foreclose a material-man’s lien. The court made findings of fact and conclusions of law, and entered its decree in accordance therewith. The appellant proposed certain findings and conclusions, which were rejected. The respondents have interposed a motion to strike the statement of facts, and to affirm the judgment, for the reason that no proper exceptions were taken to the findings of fact and conclusions of law. No exceptions whatever were taken to the findings as made by the court, and the only exception to the refusal to find as requested is contained in the following entry in the minutes of the clerk: “Plaintiff’s proposed findings and conclusions are presented and refused, exception allowed.” Under the uniform rulings of this court, a general exception of this kind is of no avail. Peters v. Lewis, 33 Wash. 617 , 74 Pac. 815 ; Horrell v. California etc. Ass’n., 40 Wash. 531 , 82 Pac. 889 , and cases cited. Inasmuch as no error is predicated upon the exclusion of testimony, the motion to strike the statement of facts must be granted.

The findings of the court sustain its judgment, and in the absence of a statement of facts or bill of exceptions, there is no question before us for review. The judgment is therefore affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1910: 11914: 11920: 11921: 11922: 119102026peak 1910 · 1

Relies on it most ⓘ

  1. Snohomish River Boom Co. v. Great Northern Railway Co.107 P. 848 (Wash. 1910)
  2. Pearson v. M. Gottstein Investment Co.191 P. 796 (Wash. 1920)
  3. James v. McMillan196 P. 881 (Wash. 1921)
  4. Mullins Saw Mill Co. v. Woolfolk119 Wash. 55 (1922)
  5. Granite Falls State Bank v. Ryan141 P. 354 (Wash. 1914)

Most recent

  1. Mullins Saw Mill Co. v. Woolfolk119 Wash. 55 (1922)
  2. James v. McMillan196 P. 881 (Wash. 1921)
  3. Pearson v. M. Gottstein Investment Co.191 P. 796 (Wash. 1920)
  4. Granite Falls State Bank v. Ryan141 P. 354 (Wash. 1914)
  5. Snohomish River Boom Co. v. Great Northern Railway Co.107 P. 848 (Wash. 1910)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Horrell v. Cal., Or. & Wash. Homebuilders' Ass'n, 82 P. 889 (Wash. 1905) 25
Peters v. Lewis, 74 P. 815 (Wash. 1903) 16

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