Jacobs v. City of Puyallup

Citations

• 10 Wash. 384
• 38 P. 994
• 1894 Wash. LEXIS 231

Syllabus

<p>APPEAL — DECISION INVOLVING VALIDITY OE STATUTE.</p> <p>In an action to recover for legal services in procuring the re-incorporation of a city which had been illegally incorporated, no question can be raised as to the validity of a statute, although one of the defenses relied upon is the invalidity of the prior incorporation and want of authority to employ plaintiff, when the court in submitting the case to the jury expressly instructs them that unless they find that plaintiff was employed on behalf of the people of the city to perform the services alleged, and that such services were performed and were necessary to such re-incorporation, and that the defendant accepted the benefits thereof and ratified the employment and agreed to pay for the same, they must find for defendant; and in such case, the amount involved being less than two hundred dollars, the supreme court has no jurisdiction of the case on appeal.</p>