Beebe v. Northwestern Dairy Co.

• Citation: 113 P. 573,62 Wash. 164
• Parties: BEEBE v. NORTHWESTERN DAIRY CO.
• Decision Date: 07 February 1911
• Court: United States State Supreme Court of Washington

113 P. 573

62 Wash. 164

BEEBE v. NORTHWESTERN DAIRY CO.

Supreme Court of Washington

February 7, 1911

Department 2. Appeal from Superior Court, King County; Mitchell Gilliam Judge.

On the merits. Reversed and remanded.

For opinion on motion to dismiss, see 112 P. 365.

Byers & Byers, for appellant.

Bo Sweeney, for respondent.

RUDKIN J.

The record in this case presents a peculiar state of facts. The action was instituted against the Northwestern Dairy Company alleged to be a corporation organized and existing under the laws of this state, to remove a cloud from the title to certain real property in King county, arising from or caused by an execution sale and sheriff's deed. The answer of the defendant consisted of denials and a cross-complaint alleging title in the defendant under the execution sale and sheriff's deed, and praying judgment for the restitution of the premises and for damages for use and occupation. The cross-complaint further alleged that the defendant was a corporation organized and existing under the laws of the state of Oregon, and had filed its articles of incorporation in the office of the Secretary of State in this state, and paid its annual license fee last due. A demurrer to the answer and cross-complaint was interposed on the ground among others, that the Oregon corporation was not a party to the action. This demurrer was sustained, and thereafter a motion to strike the same answer on the same ground was interposed and sustained. What there was left to strike after the demurrer to the answer was sustained we are not advised, but such is the state of the record brought here. After striking the answer the court gave judgment against the Oregon corporation for costs, and from that judgment the present appeal is prosecuted.

A motion to dismiss the appeal was interposed in this court on the ground that no notice of the appeal was served on the Washington corporation, but that motion was denied, for the reason that in the opinion of this court there was but one corporation in the case. Beebe v. Northwestern Dairy Co., 112 P. 365. That decision is also decisive of the question here presented. For, if there was but one corporation, it was error to sustain the demurrer and strike the answer on the ground that there were two separate and distinct corporations. Of course, if it should appear on the trial that there was a Washington corporation, and that corporation was sued...