Lively v. Husebye

Citations

• 60 Wash. 47
• 110 P. 673
• 1910 Wash. LEXIS 1010

Syllabus

<p>Corporations — Actions — Appearance — Courts — Jurisdiction. Where a foreign corporation by special appearance tendered a plea to the jurisdiction raising an issue of fact as to whether it was doing business in this state, the appearance was sufficiently general to give the court jurisdiction to determine the issue of fact.</p> <p>Appeal — Questions Reviewable — Right to Allege Error. Error in determining an issue of fact raised by a plea to the jurisdiction over a foreign corporation is reviewable only upon appeal by the corporation.</p> <p>Appeal — Review—Judgments—Presumptions — Service of Process. Upon appeal, and in the absence of any record as to service, personal service of process will be presumed in support of a personal judgment against a foreign corporation, in an action wherein the corporation appeared and tendered a plea to the jurisdiction, where the court found on that issue that the corporation had a branch office and was doing business in the county.</p> <p>Corporations — Stock—Actions—Courts—Jurisdiction—Specific Performance. The courts of this state have jurisdiction of the subject-matter of an action brought by nonresidents to compel a foreign corporation to issue stock to the plaintiffs, where the president and secretary and the individual stockholder improperly in possession of the stock were residents of the state, the company had a branch office and was doing business in the state and where, in case of inability to enforce the decree, a money judgment for the value of the stock could be entered against the defendants.</p>