Gleason v. Tacoma Hotel Co.

Citations

• 16 Wash. 412
• 47 P. 894
• 1897 Wash. LEXIS 334

Syllabus

<p>DUB PROCESS OF LAW—LABORERS’ LIENS AGAINST EXECUTION DEBTOR— FILING OF CLAIMS—JOINDER.</p> <p>The statute (Gen. Stat., § 3124), giving servants, clerks, laborers, etc., the right to claim from the proceeds of execution or attachment sale of the property of their employers any amount, not exceeding one hundred dollars, due them for services rendered within sixty days next preceding the levy of the writ, and providing for the litigation of such claims, if disputed, is not open to the objection that it deprives one of his property without due process of law.</p> <p>Notice to a judgment debtor of claims of other parties to the proceeds arising from the execution sale on the judgment against him is unnecessary, as, jurisdiction having been once acquired over the judgment debtor in the original action, that action remains pending until the judgment is satisfied.</p> <p>Parties having claims for services, which, under Gen. Stat., §3124, they are authorized to maintain against a judgment creditor who has levied upon the property of their employer, may properly join in the same action to enforce their claims.</p> <p>Where a party entitled to urge the objection of misjoinder of parties plaintiff waives the objection, it cannot be raised for him by another defendant.</p>