Fraser v. Rutherford

Citations

• 26 Wash. 658
• 67 P. 366
• 1901 Wash. LEXIS 700

Syllabus

<p>LABOR LIENS ON LOBS-FORECLOSURE-EIGHT TO COSTS.</p> <p>In an action to foreclose laborers’ liens on logs, an allowance by the court of costs of suit and attorney’s fees to plaintiffs is erroneous, if there is no finding of demand for payment of claims prior to suit, or of reasonable ground on plaintiff’s part for believing that defendants would attempt to defraud them or prevent the collection of their claims, since Laws 1899, p. 143, provides that in such actions no costs shall be allowed to lien holders unless demand has been made for payment of the lien claim before commencement of suit, or unless the court shall find that tne claimants at the time of bringing suit had reasonable ground to believe that the holders of such logs were attempting to defraud the claimants or prevent the collection of such lien.</p>