Horrell v. California, Oregon & Washington Homebuilders' Ass'n

Citations

• 40 Wash. 531
• 82 P. 889
• 1905 Wash. LEXIS 1021

Syllabus

<p>Appeal — Jurisdiction—Amount in Controversy — Equitable Action. Tbe supreme court bas jurisdiction of an appeal from a judgment in an equitable action to cancel fraudulent certificates of a building and loan association, and to recover the money paid thereon, regardless of the amount in controversy.</p> <p>Same — Bonds—Supersedeas—Decree Annuling Contracts and Awarding Money Judgment. Upon appeal from a judgment in an equitable case cancelling certain certificates and awarding a personal judgment for $82.50, an appeal bond in double the money judgment and $200 additional is sufficient, although the trial court assumed to fix the supersedeas on appeal in the sum of $750; since the money judgment is the only part of the judgment that can be stayed, the other part being self-executing.</p> <p>Same — Notice—Sueeiciency. A notice of appeal sufficiently describes the judgment as the final judgment in the cause without referring to its date, where it was the only judgment in the cause to which the notice could apply.</p> <p>Same — Review—Exceptions—Sueeiciency—Striking Statement. One general exception to thé findings of fact is insufficient to authorize a review of the testimony, and is ground for striking the statement of facts.</p> <p>Corporations — Foreign Building and Loan Association — Failure to Comply With Statute — Eeeect on Contracts. Contracts made by a foreign building and loan association without complying with certain statutory requirements whereby it is authorized to transact business in this state, are not void, where the law prescribes a penalty for so doing without declaring that the contracts made shall he void.</p>