Bellingham v. Linck

Citations

• 53 Wash. 208
• 101 P. 843
• 1909 Wash. LEXIS 1297

Syllabus

<p>Appearance — Process—Waiver of Defects in Summons. An objection as to the sufficiency of the summons is waived by a general, appearance or voluntarily pleading to the merits and going to trial without saving a special appearance.</p> <p>Mechanics’ Liens — Notice—Nonlienable Items — Effect. Including in a lien notice in good faith an item of $18 paid for water-connections incident to the plumbing work, does not render the lien void as to other items, even if that item was nonlienable.</p> <p>Pleading — Bill of Particulars — Making More Specific — Mechanics’ Liens. It is not an abuse of discretion to deny a motion to make a bill of particulars more specific in an action to foreclose a mechanics’ lien, by setting out the names of all persons who labored on the building,- in order that defendant may secure their evidence.</p> <p>Trial — Appeal—Discretion—Evidence—Order of Admission. A case will not be reversed for allowing evidence in rebuttal that plaintifC might have introduced in chief, except on the plainest abuse of discretion, and where there was no refusal to allow evidence in reply thereto.</p>