title:
Ezra Meeker, Appellant, vs Agustus Gardella, Alexander S Farquharson, Christena Wagner and Allen J Miller, Administratrix and Administrator of the estate of William Wagner, deceased, Appellees, Brief of Appellees.
title:
602
creator:
Agustus Gardella
creator:
Alexander S. Farquharson
creator:
Christena Wagner
creator:
Allen J. Miller
contributor:
Judson
contributor:
Sharpstein
contributor:
Sullivan
date:
1890-01
publisher:
Washington State Supreme Court
type:
Civil
subject:
Remedies
subject:
Civil Procedure
language:
eng
format:
application/pdf
description:
Prior History: Appeal from District Court, Pierce County.Use and Occupation – Measure of Damages – Evidence – Exceptions to Instructions – Uncertain Verdict – Summoning Talesman – Where the court orders the United States marshal to summon a talesman from the bystanders to fill an exhausted panel, the sheriff being present, and, so far as the record shows, not disqualified, and the defendant objects but does not interpose any challenge to the juror, and it does not appear that the juror was in any way unfit to try the case, there is no error prejudicial to the defendant.In an action for damages for the detention of premises on which there was a hop yard, it is error to permit the introduction of evidence to show the custom of farmers of selling hops while growing, and to show the highest market value of hops before they were gathered or ripe.Where plaintiff has obtained judgment in an action of ejectment, and defendant appeals, filing bond therefor, in a subsequent action by plaintiff against defendant to recover damages for use and occupation pending the appeal, plaintiff is not bound to sue on the appeal bond.In an action for use and occupation the true measure of damages where defendant holds under color of title adversely to plaintiff, is the fair rental value of the premises, together with interest thereon to the time of the trial, and it is error to permit evidence of the highest market value of the produce of a farm during the year, for the purpose of proving damages.Where instructions consisted of a series of separate propositions, and defendant’s exception to the charge was “to the giving of which and to the giving of each part thereof,” not otherwise pointing the specific parts to which exception was taken, the exception is insufficient, as the court cannot say that no part of the charge was sound.In an action for use and occupation a verdict assessing “damages at $3,050, and legal interest,” is bad for uncertainty, and will not sustain a judgment unless the words “and legal interest” be treated as surplusage.
relation:
Meeker v. Gardella, 1 Wash. 139 (1890)
relation:
23 P. 837
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf