Akers v. Lord

Citations

• 67 Wash. 179
• 121 P. 51
• 1912 Wash. LEXIS 1143

Syllabus

<p>Appeal — Right to Allege Error — Coparty Not Appealing. A plaintiff, dismissed from a case with prejudice, cannot have error thereon reviewed on an appeal by defendants, where the record fails to disclose that he took any appeal.</p> <p>Logs and Logging — Liens—On Lumber — Time for Filing — Statutes — Construction. Under Rem. & Bal. Code, § 1163, giving a logger’s lien upon lumber while the same remains at the mill where it is manufactured or while in its possession and control, no lien can be claimed after the mill company had delivered it to a railway company, about a mile from the mill, the railway having taken possession and control of it.</p> <p>Logs and Logging — Liens—Eloignment—Prior to Filing Lien. Under Rem. & Bal. Code, § 1181, as to the eloignment of logs and timber “upon which there is a lien,” there can be no eloignment prior to the filing of the lien.</p> <p>Same — Parties Entitled — Cook or Boarding-House Keeper. Under the statute providing that a cook in a logging camp shall be regarded as a person who assists in obtaining the timber, one who runs a boarding house, furnishing all supplies for meals at so much per week to be paid for out of wages of the men, is not entitled to a lien as cook.</p> <p>Partnership — Evidence—Admissions of Partnership. Upon an issue as to the establishment of a partnership, the admission of one partner is not evidence as against the other.</p> <p>Logs and Logging — Liens—Eloignment—Remedies oe Owner— Subrogation. In an action to foreclose logger’s liens, where the liability of the owner of the timber depends upon his own wrongful act in eloigning the same, he cannot claim the right to subrogation against the contractor who failed to pay the labor bills of the lien claimants; since subrogation depends upon equity.</p>