Burnett v. Ewing

Citations

• 39 Wash. 45
• 80 P. 855
• 1905 Wash. LEXIS 813

Syllabus

<p>Appeal—Exceptions—Oedee Embodied in Journal Entry. An order refusing leave to file a supplemental complaint is reviewable on appeal without any formal exceptions, where it is embodied in a written order and journal entry in the cause.</p> <p>Pleading—Supplemental Answer—Sufficiency—Leave to File. The fact that a proposed supplemental answer is not sufficiently full and particular to conform to the rules of good pleading is no justification for refusing leave to file it, where it contained the substance of a good defense.</p> <p>Tenancy in Common—Mechanics’ Liens—Purchase op Outstanding Liens — Pleading — Real Party in Interest — Supplemental Answer Showing Plaintipp to Be Trustee op Cotenant—Suppictency. Where the leasehold interests of tenants in common were being subjected to a mechanics’ lien foreclosure, and one B purchased the interests of the plaintiff and was substituted as party plaintiff in the foreclosure suit, a supplemental answer by two of the defendants states a good defense to the action, where it alleges that B was not the real party in interest, but was the agent and trustee of their codefendant, who had purchased the liens of the plaintiff; since the codefendant as a tenant in common cannot buy up an outstanding incumbrance and foreclose against his cotenants without showing an exclusive liability for the whole thereof; and it is error to refuse leave to file such an answer.</p> <p>Mechanics’ Liens—Foreclosure—Depenses—-Pleading—Supplemental Answer Showing Payments—Stipulation por Credits Prior to Entry op Judgment—-Waiver. In an action to foreclose mechanics’ liens, where the parties agreed in writing that judgment be postponed and that payments made should be credited on the liens before the entry of judgment, it is error, on plaintiff’s motion for judgment, to refuse the defendants leave to file a supplemental answer showing payments made since the commencement of the action which had not been credited; and the original answer admitting the a