26 Wash. 602 | Wash. | 1901
The opinion of the court was delivered by
Briefly stated, the facts of this case are these: In 1898 the appellants were the owners of lot 8, in block 42, in A. A. Denny’s Addition to the city of Seattle, on which there was a mortgage for $3,900, held by the respondent, which the appellants had assumed and were obligated to pay. In April of that year the city of Seattle, pursuant to ordinances theretofore passed, commenced work regrading the street in -front of and abutting upon the lot, completing the same on August 15th of the same year. On October 25th following, the city instituted an action for the purpose of ascertaining the amount of damages done to the property holders owning property abutting upon the street by the work of regrading, making defendants therein, among others, the appellants and the respondent. This action was brought to trial on October 24, 1899, which resulted in a verdict in favor of the owners of the lot in question in the sum of $500. After the
The respondent moves to dismiss the appeal for the reasons: (1) That the appellants have not printed in their brief the findings of fact and conclusions of law made by the trial court; and (2) that there is no sufficient assignment of error. The rule of this court requiring findings to be printed in the brief applies only to cases where the findings themselves are contested, not to cases where the findings are accepted as correct, and the error assigned is the conclusion of law drawn therefrom. In their brief the appellants have clearly stated the question involved, and the error relied upon for reversal. In doing so they have complied with the requirements of both the rule and the statute. The motion to dismiss is denied.
By reference to the dates above given, it will be seen that the work done upon the street which caused the injury to the lot, was done prior to the time of the sale under the foreclosure decree, and at a time when the appellants
The judgment is reversed, and the cause remanded, with instructions to enter a judgment for the appellants.
Keavis, C. J. and Anders and Dunbar, J"J., concur.