James v. McMillan
Washington Supreme Court
Appeal from a judgment of the superior court for Whatcom county, Hardin, J., entered May 21, 1920, upon findings in favor of the plaintiffs, in an action for equitable relief.
1Opinion of the CourtHolcomb, J.
Although this is an equity case and findings of fact were not necessary, the trial court, at the request of respondents, made and entered findings of fact, making those requested by plaintiffs and refusing those requested by defendants. When such procedure has been followed, we have held that findings in an equity case are as controlling as in an action at law; and furthermore, that exceptions must be taken to the findings of fact made by the trial court in order to obtain a review of the evidence on appeal. Bern. Code, § 383; Rice v. Stevens, 9 Wash. 298, 37 Pac. 440; Crowe & Co. v. Brandt,…
2Cases cited9 opinions
- Harbican v. ChamberlinWashington Supreme Court · 1914
- Rice v. StevensWashington Supreme Court · 1894
- Fender v. McDonaldWashington Supreme Court · 1909
- Snohomish River Boom Co. v. Great Northern Railway Co.Washington Supreme Court · 1910
- Yakima Grocery Co. v. BenoitWashington Supreme Court · 1909
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3Cited by2 opinions
- State Ex Rel. Lyon v. Board of County CommissionersWashington Supreme Court · 1948
- Adams County v. ScottWashington Supreme Court · 1921