James v. James

Citations

• 35 Wash. 655
• 77 P. 1082
• 1904 Wash. LEXIS 494

Syllabus

<p>Appeal — Notice—Sufficiency. A notice of appeal reciting that the party “had appealed,” instead of that the party “appeals,” as provided by Bal. Code, § 6503, is sufficient to effect the appeal, in view of Pierce’s Code, § 1066, providing that no appeal shall be dismissed for defects in the notice.</p> <p>Appeal — Bbiefs—Assignment of Eeboes. An appeal will not be dismissed for failure to assign errors, where the only question presented is whether the complaint states a cause of action, and that is clearly stated in the brief.</p> <p>Pleadings — Dbmubbee—Legal Capacity to Sue — Action to Quiet Title — Waives of Defect. In an action brought by a surviving husband to quiet his title to community real estate, in which it appears from the complaint that one' of the defendants claims an interest as an heir of the deceased wife, in and to her undivided one-half of the estate, an objection that the other heirs and not the plaintiff are the persons interested, relates to the capacity of the plaintiff to sue, and is waived unless raised by special demurrer on that ground, a general demurrer not being sufficient.</p> <p>Adoption — Validity—False Representations — Laws oe Foreign State. An adoption of a child in the state of Iowa, induced by the false representations of the child’s father that its mother was dead, does not render the adoption illegal, in the absence of proof of the laws of Iowa to that effect, since the rules in this state would then apply, and they do not so provide.</p> <p>Same — Consent oe the Mother. Under the laws of this state the consent of the mother to the adoption of a child is necessary only when she is living with her husband or has the custody of the child, and a complaint alleging merely that an adoption was without the consent of the mother is, therefore, insufficient to show the invalidity of the adoption.</p>