Ellsworth v. Layton

Citations

• 37 Wash. 340
• 79 P. 947
• 1905 Wash. LEXIS 731

Syllabus

<p>Mechanics’ Liens — Date of Completion of Woek — Supplying Omissions Aftee Acceptance of Building. Where a building was accepted as completed in October, and a mechanics’ lien was not filed until April, findings to the effect that the lien was not filed within the required time after the completion of the building are sustained, notwithstanding that, on January 6, metallic flashings, mat had been inadvertently omitted, were put over six windows on the demand of the owner, and on February 16, certain drain tile was relaid, where it appears that such work was in the nature of repairs to remedy defects not apparent at the time of the acceptance of the building.</p> <p>Appeal and Eeeoe — Review—Objections—Substitution of Paeties Without Amending Pleadings. Error cannot he predicated on the failure to amend the pleadings at the time of making a substitution of parties, when no objection thereto was made in the court below.</p> <p>Appeal and Eeeoe — Review—Pleadings—Amendments to Confokm to Pboof. In am equity case, tried de novo in the supreme court, an insufficient pleading will he considered amended to conform to the proof.</p>