State ex rel. Kubel v. Plummer

Citations

• 130 Wash. 135
• 226 P. 273
• 1924 Wash. LEXIS 826

Syllabus

<p>Judgment (212) — Res Judicata- — Persons Concluded. Where a nonresident defendant, served outside the state, appeared specially to quash the-service of process, and this being denied, did not subsequently appear, the judgment is a nullity and not conclusive upon her.</p> <p>Equity (46) — Laches—Limitations. Mere lapse of time, short of the statute of limitations, in instituting a suit against a county to enforce payment of warrants, -does not amount to laches, precluding recovery, where the county was not induced to alter its position by the delay.</p> <p>Parties (43) — Bringing in New Parties — Jurisdiction to Compel. Where a public fund is involved in a suit to require the payment of county warrants, to which an adverse claim exists, the court, under its inherent and statutory power (Rem. Comp. Stat., § 196) to bring in new parties, should order all parties necessary to a complete determination brought in, even though the county treasurer failed to move for it.</p> <p>Appeal (488) — Decision—Remand for Further Action. The supreme court will not direct judgment for plaintiff requiring payment of county warrants, where the county treasurer neglected to bring in the adverse claimants who were necessary to a complete determination of the cause, but will remand with directions to bring them in.</p>