Bedgisoff v. Morgan

(concurring) — I concur in the result of the per curiam and the Departmental opinion.

This court has held in many cases that findings of fact not mentioned in the assignments of error will be taken as the conclusively established facts on appeal, but all such holdings which have been brought to my attention by citations in the briefs or otherwise have been in legal, as distinguished from equitable, actions. Thus, Hubbell v. Ernst, 198 Wash. 176, 87 P. (2d) 985, 124 A. L. R. 667, was an action against the state director of the department of social security to obtain old age assistance payments;…