State ex rel. Cicoria v. Corgiat

Citations

• 50 Wash. 95
• 96 P. 689
• 1908 Wash. LEXIS 673

Syllabus

<p>Mandamus — Parties—Name of Plaintiff — Pleadings — Amendment. Under Bal. Code, § 5738, providing that a party prosecuting a special proceeding may he known as the plaintiff and the adverse party as the defendant, it is not error to refuse to quash a proceeding commenced in the name of the real party in interest, instead of in the name of the state on his relation according to sanctioned practice, especially where the plaintiff was required to amend the complaint to cure the objection made.</p> <p>Same — Proceedings—Summons and Complaint. A mandamus proceeding may be commenced by the filing and service of a summons and complaint, rather than by motion and affidavit.</p> <p>Beneficial Associations — Membership — Expulsion — Notice of Hearing. A mutual benefit society has no power to expel a member without giving him notice and an opportunity to be heard.</p> <p>Appeal — Preservation of Grounds — Findings—Necessity—Mandamus. Error cannot be assigned in the failure of the court to make findings of fact and conclusions of law in mandamus proceedings, where no request therefor was made below.</p> <p>Beneficial Associations — Revision of Acts — Jurisdiction of Courts. The courts are compelled to revise acts of beneficial societies where pecuniary and property rights have been illegally ahridged or invaded.</p>