Dolan v. Cain

Citations

• 59 Wash. 259
• 109 P. 1009
• 1910 Wash. LEXIS 1181

Syllabus

<p>Logs and Logging — Lien—Personal Judgment? — Jury Trial— Waiver. In an action to. foreclose a lien upon logs, asserted in good faith but not established, the court has jurisdiction to enter a personal judgment against a defendant liable upon contract for the-services performed by the plaintiff; and the judgment is not erroneous, in the absence of demand for a trial by jury, under Rem. & Bal. Code, § 316, relating to waiver of a jury.</p> <p>Costs — Witness Fees. Costs' are properly allowed for a witness-who attended at the reguest of the prevailing party without subpoena, although not called to testify because the course of the trial •rendered the testimony unimportant.</p>