Parker v. Parker

• Decision Date: 12 July 1921
• Docket Number: 16209.
• Citation: 116 Wash. 315,199 P. 723
• Court: Washington Supreme Court
• Parties: PARKER et al. v. PARKER.

199 P. 723

116 Wash. 315

PARKER et al. v. PARKER.

No. 16209.

Supreme Court of Washington

July 12, 1921

Department 2.

Appeal from Superior Court, King County; Calvin S. Hall, Judge.

Action by Howard Parker and another against Annie C. Parker, as administratrix of the estate of Joseph H. Parker, deceased in which the court delivered an oral opinion in plaintiffs' favor, and the defendant moved for new trial which motion was granted, and the plaintiffs appealed. Remanded, with instructions to proceed according to opinion.

Million & Houser and J. L. Corrigan, all of Seattle, for appellants.

Shank Belt & Fairbrook and G. P. Haight, all of Seattle, for respondent.

MITCHELL J.

This is an action at law to recover on two promissory notes. The answer denied generally the allegations of the complaint and pleaded several affirmative defenses. Trial was had by the court without a jury. At the conclusion of the introduction of the testimony the court delivered an oral opinion in favor of the plaintiffs. Defendant moved for a new trial for the reasons: (1) Insufficiency of the evidence to justify the decision, and that the same is contrary to law and (2) error in law occurring at the trial and excepted to at the time by the defendant. The clerk's docket entry shows, 'Defendant's motion for a new trial is granted.' There were no findings of fact or conclusions of law given in writing by the trial court and filed with the clerk; nor was there any formal order granting the motion for a new trial signed by the judge and filed with the clerk.

The plaintiffs have appealed, and have assigned as error the granting of defendant's motion for a new trial.

Section 367, Rem. Code, provides:

'Upon the trial of an issue of fact by the court, its decisions shall be given in writing and filed with the clerk. In giving the decision, the facts found and the conclusions of law shall be separately stated. Judgment upon the decision shall be entered accordingly.'

Section 368, Rem. Code, provides:

'The order of proceedings on a trial by the court shall be the same as provided in trials by jury. The finding of the court upon the facts shall be deemed a verdict, and may be set aside in the same manner and for the same reason, as far as applicable, and a new trial granted.'

Section 402, Rem. Code, in part, provides:

'The party moving for a new trial must, within two days after the verdict of a jury, if the action was tried by a jury, or two days after notice in writing of the decision of the court, or referee, if the action was tried without a

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