Nichols v. Capen
Washington Supreme Court
Appeal from a judgment of the superior court for Clarke county, McMaster, J., entered January 9, 1913, upon findings in favor of the plaintiffs, in an action for equitable relief.
1Opinion of the CourtMorris, J.
Appeal from a decree in favor of plaintiffs, in a suit in equity to establish a trust ex maleficio. Respondents move to affirm the decree, upon the ground that no exceptions have been taken to the findings. It does not necessarily follow that the failure to take proper exceptions to the findings will entitle respondents to a dismissal of the appeal or an affirmance of the decree. Failure to except to the findings prevents us from inquiring into the sufficiency of the evidence to sustain them. But the appellants may, as they have done here, still challenge the sufficiency of .the findings to…
2Cases cited9 opinions
- Hector v. HectorWashington Supreme Court · 1909
- Arnold v. HallWashington Supreme Court · 1913
- Kinney v. McCallWashington Supreme Court · 1910
- Spaulding v. CollinsWashington Supreme Court · 1909
- Adams v. Washington Brick, Lime & Manufacturing Co.Washington Supreme Court · 1905
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3Cited by17 opinions
- Farrell v. MentzerWashington Supreme Court · 1918
- Harbican v. ChamberlinWashington Supreme Court · 1914
- Parkes v. BurkhartWashington Supreme Court · 1918
- Belcher v. YoungWashington Supreme Court · 1916
- Dowgialla v. KnevageWashington Supreme Court · 1956
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