Kain v. Sylvester
Citations
- 62 Wash. 151
- 113 P. 573
- 1911 Wash. LEXIS 663
Syllabus
<p>Judgment — Default—Vacation—Mistake. It is not an abuse of discretion to set aside a default judgment for mistake, under Rem. & Bal. Code, § 303, where the defendant had consulted with, and believed in good faith that he had employed, a lawyer to defend the action, although the attorney denied the employment.</p> <p>Work and Labor — Contract—Pleading and Proof — General Denial. In an action for services under a joint contract of employment, it is competent, under a general denial, to disprove the contract alleged by showing a different contract whereby the plaintiff was employed by only one of the defendants.</p> <p>Work and Labor — Contract—Evidence—Sufficiency. In an action for services on an alleged joint contract, the evidence supports findings that the plaintiff, a stockholder, was employed by a corporation alone, when he had been employed by it in the same capacity during two seasons and the other defendants merely acted in their official capacity as officers of the corporation.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming because an adequate competency hearing was held after the mental evaluation
- affirming because an adequate competency hearing was held after the mental evaluation
- the Court affirmed on the ground that an adequate competency hearing had been held after the mental evaluation
- the Court affirmed on the ground that an adequate competency hearing had been held after the mental evaluation
- “The standard of review for a post-trial motion is abuse of discretion.”
- \The standard of review for a post-trial motion is abuse of discretion.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Rudkin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.