Caughey v. Rien
Caughey v. Rien
Opinion of the Court
In this case respondents have interposed a motion to strike the statement of facts, and to affirm
It will thus be observed that the character of this certificate- makes it impossible for this court to ascertain how much of the depositions in question can properly be considered on this appeal. This being an equity case where the findings are excepted to-, it is necessary for all of the evidence to be- here in order that the case may be tried de novo; and we are authorized to thus try the case only upon the competent evidence before us. From this record we- cannot tell how many of the questions in the depositions were objected to. Where an objectionable question is answered without any objection being interposed, it is, ordinarily, the rule that the objection which might have been urged is thereby waived,' and the answer to such
The record and statement of facts show that much testimony of numerous witnesses was taken upon depositions, wherein interrogatories were propounded, and the answers received and returned, regardless, of objections at the time interposed by defendants. As the record does not disclose what was done with these objections at the time of trial, and does not reveal what other objections were made, or what disposition was made of them, we are unable to segregate the competent from the incompetent evidence — we are unable to ascertain what evidence in this record we are authorized by law to examine. This being true, it is, of course, apparent that we are in no position to determine whether or not tire findings and conclusions of the trial court were erroneous, inasmuch as we have no legal basis on which to determine what were the established facts. This court has repeatedly held that it cannot review an equity case, where exceptions are taken to the findings, without having before it all of the evidence upon which the case was tried in the lower court. Stenger v. Roeder, 3 Wash. 412, 28 Pac. 748, 29 Pac. 211; Wheeler v Lager, 3 Wash. 732, 29 Pac. 453; Cadwell v. First Nat. Bank, 3 Wash. 188, 28 Pac. 365; Bartlett v. Reichenecker, 6
The motion to strike the statement of facts must prevail; and, as no attack is made upon the sufficiency of the answers,- the judgment and decree of the lower court must he affirmed, and it is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.