Hardin v. Mullin

Citations

• 16 Wash. 647
• 48 P. 349
• 1897 Wash. LEXIS 372

Syllabus

<p>DEMUERER—WAIVER—ACTION ON STOCK SUBSCRIPTIONS—PLEADING— DEFENSES—APPEAL—HARMLESS ERROR—OBJECTIONS NOT RAISED BELOW.</p> <p>The defendant cannot raise the objection on appeal that the complaint fails to state a cause of action, when he has demurred on that ground in the lower court and subsequently waived his demurrer, answered and gone to trial upon the merits.</p> <p>In an action upon a promissory note given for an unpaid subscription to the capital stock of a corporation, it is unnecessary for the complaint to allege that the capital stock had been fully subscribed and a call for assessments properly made, as the burden of proof rests on defendants to show failure in such matters.</p> <p>A joint subscription by trustees of a corporation for the purpose of completing the subscription for the capital stock is an enforcible contract.</p> <p>Where it clearly appears from the evidence that no other verdict could have been rendered by the jury under the law, neither error in refusing requests for instructions, nor the giving of erroneous instructions, will be regarded as prejudicial.</p> <p>Errors not urged below cannot be raised for the first time on appeal.</p>