Crosier v. Cudihee

Citations

• 85 Wash. 237
• 147 P. 1146
• 1915 Wash. LEXIS 836

Syllabus

<p>Constitutional Law — Liens—Conditional Sale Contracts — Mechanics’ Liens — Priorities—Statutes. Rem. & Bal. Code, § 1156, which provides that “every person who is in possession of a chattel, under an agreement for the purchase thereof, whether the title thereto be in him, or his vendor, shall for the purposes of this act [Id., § 1154], be deemed the owner thereof, and the lien of a person expending material, labor or skill thereon shall be superior to and preferred to the rights of the person holding the title thereto,” is not unconstitutional as preferring mechanics’ liens over the interest of the vendor under a conditional sale contract, nor as being a deprivation of one’s property without due process of law.</p> <p>Constitutional Law — Due Process oe Law — Actions. One who is in court seeking to enforce the validity of his vendor’s lien as against a mechanics’ lien is not in a position to urge that he has been deprived of his property without due process of law.</p> <p>Partnership— Fictitious Name — Compliance With Statute— Objections. The objection that a partnership, doing business under an assumed name, cannot maintain an action because it had failed to file with the county clerk the designation of the firm, with the names of all the partners, as required by Rem. & Bal. Code, § 8369, goes only to the capacity to sue, and is waived if not raised by demurrer or answer.</p>