Seattle & Northern Railway Co. v. Bowman

Citations

• 53 Wash. 416
• 102 P. 27
• 1909 Wash. LEXIS 1336

Syllabus

<p>Pleading — Intervention—Time eob Filing Complaint. Under Bal. Code, § 4846, a complaint in intervention is too late if not filed until after judgment.</p> <p>Judgment — Vacation—Collateral Attack — Process •— Corporations. Where a default judgment against a corporation is regular on its face and recites due personal service, the acceptance of service by a de facto vice president cannot be attacked by a complaint in intervention, but only by direct attack on the judgment by motion or petition, under Bal. Code, §§ 5153, 5156.</p> <p>Judgment — Motions — Estoppel—Appeal — Review — Theory op Trial Below. Where parties have insisted on 'treating their petition as a complaint in intervention, after their right to intervene was challenged, they cannot, for the first time in the supreme court, have it considered as a motion or petition to vacate a judgment, long after the time for such proceedings'had expired; as the cause must be considered on- appeal on the theory adopted below.</p> <p>Corporations — Stockholders—Minority — Exhausting Remedies in Corporation. A complaint, by minority stockholders, of an alleged “freeze out” is demurrable where it fails to show that they have exhausted their remedies in the corporation, or any excuse for failure so to do.</p>