Grimm v. Pacific Creosoting Co.

Citations

• 50 Wash. 415
• 97 P. 297
• 1908 Wash. LEXIS 752

Syllabus

<p>Logs and Logging — Liens—Foreclosure—Eloignment — Actions —Joinder—Parties. In an action to foreclose liens upon several booms of logs, two of which had been eloigned and removed from the jurisdiction of the court by a defendant, he is a proper party to the foreclosure action, where it is alleged that he had also purchased the booms within the jurisdiction of the court, and damages may be awarded against him for the eloignment, and his demurrer for misjoinder of causes of action is properly overruled.</p> <p>Appeal — Reservation of Grounds — Objections. Where no demand for a jury trial was made below, the question will not he considered on appeal.</p> <p>Same — Lien on Portion of Logs for Entire Service. Lien claimants who had worked for defendant for from one to six months, in getting out logs in several log booms, have a lien upon all the logs cut- and secured during the time, and they need not prove that the services for which the lien was filed were all performed in cutting and securing the particular logs against which the lien was filed.</p> <p>Same — Costs—Attorney’s Fees — Liability op Eloigner. In an action foreclosing liens on certain logs, and for damages against a defendant for the eloignment of logs, it is error in entering personal judgment against the eloigner to tax as costs attorney’s and receiver’s fees allowed in the matter of the foreclosure.</p>