Carstens & Earles, Inc. v. City of Seattle

Citations

• 84 Wash. 88
• 146 P. 381
• 1915 Wash. LEXIS 771

Syllabus

<p>Appeal — Right to Appeal — Interest—Abstract Questions. In an action to foreclose a mortgage, in which the defendant city’s lien for an assessment was held superior, the city has no right to appeal from a decree holding that another assessment lien, held by a third person, in which the city was not interested, was inferior to the mortgage lien, on the theory that it was interested in the abstract question of law involved therein.</p> <p>Appeal — -Proceedings—Abandonment—Second Appeal. The failure to perfect an appeal, or the abandonment thereof by a party •having the right to appeal, does not prevent the party from taking and perfecting a new appeal within the time allowed by law.</p> <p>Appeal — Proceedings—-Time for Appeal — By Coparties — Ineffectual Appeal. A party having no right to appeal, cannot, by an attempted appeal, curtail or limit the ninety days allowed by law for an appeal to a coparty, interested in the real controversy and having a right to appeal; Rem. & Bal. Code, § 1720, requiring co-parties to join in an appeal taken, or give notice of independent appeal within twenty days after an appeal taken, not applying in such a case.</p> <p>Municipal Corporations — Local Improvements — Assessments— Taxation — Lien—Priority. A local assessment to pay for lands condemned for a municipal improvement is levied in tbe exercise of the sovereign power of taxation, and may be made superior to all other liens regardless of time.</p> <p>Same — Assessments—Liens—Priority—Statutes. Rem. & Bal. Code, §§ 7787-7813, providing for local assessments to pay for tbe cost of condemnation proceedings for municipal improvements, upon published notice, and to be enforced by summary sale of tbe property, makes tbe lien for local assessments superior to prior mortgage or contract liens on tbe property, although tbe law contains no express terms so providing; tbe intent being to subject tbe property to tbe lien by a proceeding in rem, regardless of its ownership and of all prio