Fitch v. Applegate

Citations

• 24 Wash. 25
• 64 P. 147
• 1901 Wash. LEXIS 489

Syllabus

<p>LABORER’S LIEN-ENFORCEMENT — JOINDER OF SEPARATE CLAIMANTS.</p> <p>Tbe joinder as parties plaintiff of persons seeking to foreclose liens for labor given by Laws 1897, p. 55, is proper, since the act provides for tbe enforcement of tbe Lens in tbe same manner as mechanics’ liens, and the statute (Bal. Code, § 5910) governing in such cases requires tbe joinder of all lien claimants as parties plaintiff or defendant in any action for tbe foreclosure of their liens.</p> <p>SAME-PLEADING-SUFFICIENCY OF COMPLAINT-REFERENCE TO EXHIBITS.</p> <p>A complaint for tbe foreclosure of a laborer’s lien sufficiently sets forth facts constituting a cause of action, when, although not incorporating tbe terms and conditions of tbe lienor’s contract in tbe body of tbe complaint, it makes express reference to an exhibit attached to tbe complaint, in which is set forth a statement of such terms and conditions.</p> <p>SAME —' ATTORNEY’S FEES.</p> <p>The allowance of an attorney’s fee to a lien claimant upon a decree of foreclosure in bis favor of a laborer’s lien is proper, under tbe terms of the act providing for tbe enforcement of such liens in tbe same manner as mechanics’ liens are enforced.</p> <p>SAME — ' NOTICE OF LIEN-SUFFICIENCY OF STATEMENT.</p> <p>Under a statute giving a lien for labor performed “in tbe operation of any railway, canal or transportation company, or any water, mining or manufacturing company, sawmill, lumber or timber company,” a notice of lien is sufficient, which states that tbe lien is for labor performed by tbe claimant at tbe instance and request of tbe employer, without particularizing what tbe claimant was employed to do or what be did do.</p> <p>SAME-CONSTITUTIONAL LAW-CLASS LEGISLATION.</p> <p>A law giving laborers in certain enumerated industries liens for labor performed does not constitute special or class legislation in violation of § 12, art. 1, of tbe constitution, where tbe law is uniform in its operation and all who are included therein are