Pearl Oyster Co. v. Seattle & Montana Railroad

Citations

• 53 Wash. 101
• 101 P. 503
• 1909 Wash. LEXIS 1276

Syllabus

<p>Attorney and Client — Employment—Husband and Wife — Community Property — Authority of Husband. An attorney was authorized to represent a wife in the settlement of condemnation proceedings against community property, where it appears that both husband and wife were parties and served with process, that he was employed by the husband, as he presumed, to represent both, and the husband was authorized by the wife to employ counsel in the case and he understood the attorney was to represent her.</p> <p>Eminent Domain — Compensation—Waiver-—Ejectment—To Recover Railroad Right of Way — Estoppel. After condemnation proceedings for a railroad right of way are instituted, the owners may by oral agreement stipulate as to the compensation and waive their constitutional right to have it paid before the land is taken; and after standing by and seeing the land used for railway purposes for many years, they cannot maintain ejectment.</p>