Duggan v. Smith

Citations

• 27 Wash. 702
• 68 P. 356
• 1902 Wash. LEXIS 443

Syllabus

<p>APPEAL-CESSATION OF CONTROVERSY-SATISFACTION OF JUDGMENT.</p> <p>Where defendant has deposited money in court to make good a tender, and the court, without the consent of defendant, has applied such money pro tanto upon a judgment recovered for a greater sum, the acceptance of such money by plaintiff does not operate as a satisfaction of the judgment, and as depriving defendant of a right of appeal on the ground of a cessation of the •controversy.</p> <p>LOGGERS’ LIEN-ENFORCEMENT-OWNER NECESSARY PARTY.</p> <p>Where the owner of saw logs is not a party to an action to enforce a lien thereon, the court has no jurisdiction to decree a foreclosure of the lien upon the logs. •</p>