Cook v. Washington-Oregon Corp.

Citations

• 84 Wash. 68
• 146 P. 156
• 1915 Wash. LEXIS 750

Syllabus

<p>Appeal — Review—Objections Not Urged Below — Amendments. In an action to foreclose a laborer’s lien, an objection that the record does not show that any copy of the lien notice was served as required by law, comes too late when first made on the hearing of the appeal, Rem. & Bal. Code, § 1752, requiring the supreme court to disregard any defect in the pleadings that might have been cured by amendment, and fairness to counsel and the court requiring that the point be urged in the court below and in appellant’s brief on appeal.</p> <p>Appeal — Review—Absence oe Findings — Presumptions. No findings of fact being necessary in an equity case, incomplete findings are not ground for reversal, and the correctness of the judgment will be presumed, in the absence of a statement of facts or any affirmative showing in the record of prejudicial error.</p> <p>Master and Servant — Liens for Labor — On Operating Property in Possession of Lessee — Interests Subject. Under Rem. & Bal. Code, § 1149, giving a lien to any person performing labor for any person or corporation operating specified property (including mines), upon all the real and personal operating property thereof, the lien is confined to the interests of a lessee of a mine, in possession and holding also under a conditional sales contract, where the lessee employed the lien claimants, none of whom performed labor for the owner and lessor.</p> <p>Sales' — Conditional Sales — Filing—Necessity—Lienors or Subsequent Creditors. Where a conditional sales contract of the personal property used in operating a mine was not filed in the auditor’s office within ten days after taking possession, it is, under Rem. & Bal. Code, § 3670, deemed to be an absolute sale as to subsequent creditors, which include subsequent claimants for liens for labor performed in the operation of the mine.</p> <p>Master and Servant — Liens eor Labor — Property Subject — Real or Personal Property — Decree. Motors, pumps, railroad rails, coal cars, a mul