Hildebrandt v. Savage

Citations

• 4 Wash. 524
• 30 P. 643
• 1892 Wash. LEXIS 261

Syllabus

<p>mechanic’s lien — FORECLOSURE—PERSONAL judgment.</p> <p>In an action to foreclose a mechanic’s lien there can be no personal judgment where the lien fails, the only personal judgment authorized under our statutes (Gen. Stat. § 1673) being for whatever deficiency there may be in the proceeds of the sale of property against which a lien has been established.</p> <p>Although there can be no personal judgment in an action to foreclose a mechanic’s lien where the lien fails, yet in order to take advantage of this error, on appeal, defendant must raise the question at the trial in the superior court, either by objecting to the action’s proceeding in equity, or by demanding a jury trial. (Stiles and Dunbar, JJ., dissent.)</p>