Hubbell v. Forsyth

Citations

• 96 Wash. 613
• 165 P. 481
• 1917 Wash. LEXIS 616

Syllabus

<p>Appeal — Preservation op Grounds — Objections Not Made Below. Appellants having pleaded delivery of a deed and that the title to the property was in the grantee, cannot assert for the first time in their brief on appeal that there was no delivery and that the title was other than as pleaded.</p> <p>Same — Preservation op Grounds — Waiver op Objection. Where plaintiff pleaded an assignment from a corporation, the objection that it had not paid its license fee authorizing it to do business is waived if not raised by appropriate plea in the trial court.</p> <p>Judgment — Bar—Parties Concluded. A judgment in condemns tion proceedings determining the right to the funds arising from the proceedings is conclusive and binding upon the appellants where it appears that they filed two pleadings, termed “petition and answer” and “petition,” in which they joined one of the parties in praying that the funds be paid to such party and that certain claims be held to have been adjudicated in prior proceedings, and that the prayer was granted by the lower court and appeal taken.</p>