Canyon Lumber Co. v. Sexton

Citations

• 93 Wash. 620
• 161 P. 841
• 1916 Wash. LEXIS 1261

Syllabus

<p>Landlord and Tenant — Unlawful Detainer — Parties — Mechanics’ Lien Claimants. Under Rem. 1915 Code, § 816, providing that no person other than the tenant or subtenant in actual possession need be made a party defendant in an action of unlawful detainer, and §§ 827, 830, providing for relief against the judgment by those claiming under or through the tenant, a person claiming a mechanics’ lien against the interest of the tenant need not be made a party, and is nevertheless bound by the judgment as being in privity with the tenant.</p> <p>Same — Statutes—Validity. Such statute, compelling the lien claimants claiming through the tenant to seek relief under the statute, is valid.</p> <p>Same — Unlawful Detainer — Judgment—Relief From — Limitations — Statutes. Such act, in providing that the right to relief against the judgment of unlawful detainer “may” be exercised within a limited time, is not merely permissive, but precludes the idea that it can be exercised at some later time.</p> <p>Pleading — Denials—Matters of Record. A denial on information and belief of matters that are of public record is bad.</p> <p>Appeal — Review—Harmless Error. Error cannot be predicated upon striking from a complaint matters of detail that were not material to the cause of action where their elimination left a sufficient statement of material matters to constitute a cause of action.</p> <p>Mechanics’ Liens — Foreclosure—Pleading—Variance — Amendment. Where a claim of mechanics’ lien sought to charge the fee of the property, and the complaint was based on the theory that it was a charge upon a leasehold interest, there was such a fatal variance as to require an amendment of the lien or of the complaint.</p> <p>Appeal — Review—Harmless Error. Where some form of an amendment of a pleading was required, error in ruling upon a preliminary motion is harmless.</p> <p>Mechanics’ Liens — Foreclosure — Amendment of Lien. In- an action to foreclose a mechanics’ lien, an amendment of the lien so