Gourley v. Smith

Citations

• 78 Wash. 286
• 139 P. 58
• 1914 Wash. LEXIS 1013

Syllabus

<p>Parties — Plaintiffs — Capacity to Sue — Complaint — Sufficiency. In an action to recover mining stock, brought by a trustee under a power of attorney, it is immaterial that the power had been revoked by death, where the complaint showed that the plaintiff also sued as executor and trustee under the will of his principal.</p> <p>Replevin — Jurisdiction — Venue of Action — Pleadings — Sufficiency of Complaint. A complaint for the recovery of the possession of mining stock does not show want of jurisdiction of the subject-matter in failing to allege that the stock was in the county at the time the action was commenced, where it was alleged that the stock had been delivered to the original defendant, who resided and was served in the county, and that she wrongfully obtained possession thereof; even if, before or after the commencement of the action, she removed the property from the jurisdiction of the court and wrongfully disposed of it without plaintiff’s knowledge to one who was brought in by amendment of the complaint, and appeared in the case.</p>