State ex rel. Forney v. Superior Court

Citations

• 55 Wash. 215
• 104 P. 200
• 1909 Wash. LEXIS 735

Syllabus

<p>Appeal — Review—Pleadings—Harmless Error. Error in overruling a demurrer to a petition in condemnation, because of failure to allege that all of tbe capital stock of tbe condemning railroad company had been subscribed, will be disregarded on appeal where the evidence showed that all its stock had been subscribed.</p> <p>Eminent Domain — Defenses—Alienage of Stockholders. The objection that the stock of a railroad company seeking to condemn property is held by aliens must be raised by plea in abatement or by proof offered in defense.</p> <p>Same — Conditions Precedent — City Franchise. The obtaining of a city franchise to cross streets is not a prerequisite for the condemnation of a railroad right of way.</p> <p>Same — Proceedings—Review—Scope. On certiorari to review an adjudication of public use and necessity, objection cannot be made to the setting of the case for trial on the subject of damages.</p>