Dearborn Foundry Co. v. Augustine

Citations

• 5 Wash. 67
• 31 P. 327
• 1892 Wash. LEXIS 5

Syllabus

<p>EQUITABLE CAUSES —TRIAL OF ISSUES BY JURY — FOREIGN CORPORATIONS—VALIDITY OF CONTRACTS—PLEADING.—DEPARTURE — HARMLESS ERROR.</p> <p>The refusal of a court to direct a jury trial of issues of fact in an equity cause is not ground for reversal, although the court, while admitting that the case is a proper one to submit to a jury, erroneously assumes that it has no power to call a jury in an equity cause.</p> <p>The failure of a foreign corporation to file a certified copy of its charter in the office of the secretary of state and appoint an agent to reside at the principal place of business of the corporation in the state, as required by Gen. Stat., §§15, 24, 31, does not render void the contracts of such corporation made in this state.</p> <p>Although the complaint and reply in an action are inconsistent, and one negatives the other, yet where the issues involved have been fully tried, and no harm or surprise resulted to defendants in consequence of the pleadings, such error is harmless.</p>