Rea v. Eslick

Citations

• 87 Wash. 125
• 151 P. 256
• 1915 Wash. LEXIS 1070

Syllabus

<p>Pleading—Demurrer—Waiver—Amendment. While the objection that the complaint fails to state a cause of action may be made at any time, it is waived by answering and going to trial, whereupon the complaint will be deemed amended to conform to the proof.</p> <p>Corporations—Stock Subscriptions—Actions—Condition Precedent. It is a condition precedent to an action by a receiver of an insolvent corporation to collect an unpaid stock subscription that notice and an opportunity be given the stockholders to be heard upon the validity of the claims against the corporation and that on such notice an order be made directing suit for the pro rata amount necessary to be collected from each stockholder.</p> <p>Appeal—Record—Findings. In the absence of the evidence on appeal, the findings will be taken as stating the facts.</p> <p>Corporations •—■ Stock Subscriptions — Conditions Precedent — Findings—Construction. In an action by a receiver upon a stock subscription, findings to the effect that the receivership order authorizing suit did not determine the pro rata share of the indebtedness that each stockholder should be required to pay, and that further proceedings in the receivership matter are necessary to determine the same, establish the fact that suit was brought without compliance with the condition precedent that stockholders be given notice and opportunity to be heard as to the amount of the assessment to be made against them.</p> <p>Appeal—Review—Findings—Presumptions. Where there is no statement of facts, and the findings are complete and negative the existence of an essential fact, there is no presumption that the facts necessary to sustain the judgment were established by the evidence.</p> <p>Appeal—Record—Exhibits. The supreme court cannot, in the absence of a statement of facts, consider a copy of an order constituting part of the evidence, brought up by a supplemental transcript.</p> <p>Husband and Wipe—Community Debt—Liability oe Husband— Corporations—Stock Subsc