13 Wash. 667 | Wash. | 1896
The opinion of the court was delivered by
This is an action in replevin to obtain possession of certain sawmill machinery. The first contention of the appellant is as to the form of the verdict. Assuming, without deciding, that the verdict was wrong in form, the form of the verdict was not objected to or brought to the attention of the court below, and such objection will not be heard here for the first time.
It is also objected that the court erred in admitting certain testimony. We have examined this record from beginning to end, and we are satisfied that no substantial error was committed in this respect. There was some immaterial evidence admitted, but it was in answer to evidence of the same character offered in behalf of the plaintiff. If such evidence was material, it was right that the defendant should be permitted to controvert it; if immaterial, it could have done no harm to controvert it.
So far as the instructions of the court are concerned,
Hoyt, 0. J., and Anders, Gordon and Scott, JJ., concur.