Jensen v. Kohler

Citations

• 93 Wash. 8
• 159 P. 978
• 1916 Wash. LEXIS 826

Syllabus

<p>Appeal — Review — Pleadings — Amendments. Where defendants answered and proceeded to trial on the merits, defects in the complaint will, on appeal, be deemed cured by the evidence.</p> <p>Corporations — Winding Up — Stipulation — Rights of Trustee. Where the stockholders of a corporation stipulated that all the assets be turned over to a trustee for administration, one who retains any of the assets and divides them among the stockholders is liable to the trustee.</p> <p>Pleading — Issues—Striking Cause of Action — Effect. Where one of two causes of action was struck out in response to defendants’ demurrer for misjoinder, the defendants cannot insist upon litigating the eliminated issue under an affirmative defense where the plaintiff did not seek to try, and the complaint as corrected did not tender, the issue.</p> <p>CORPORATIONS' — ■ WINDING UP-TRUSTEE’S ACTION — ISSUES ■ — DEFENSES. An action by a trustee of a corporation to recover a collection, made by an attorney and divided among stockholders, does not involve the trustee’s conduct in administering the trust, which can only be litigated in an action against the trustee for an accounting.</p> <p>Appeal — Review—Findings—Stipulation. Upon a conflict of the evidence and in the absence of findings, the supreme court will not find that a stipulation was made in open court, when it was not reduced to writing as required by superior court Rule X.</p> <p>Attorney and Client — Lien—Waiver. An attorney waives his attorney’s lien on a claim which he held for collection for a corporation, by failing to reserve the lien in a stipulation which he signed as a stockholder agreeing to turn over all assets to a trustee for administration.</p> <p>Same — Excessive Charges — Statutes — Summary Remedy. The summary method provided by Rem. 1915 Code, §§ 137, 138, for the adjustment of excessive attorney’s charges is not exclusive, and a trustee of a corporation appointed by stipulation may maintain an action to enforce the agreem