Home Savings & Loan Ass'n v. Burton

Citations

• 20 Wash. 688
• 56 P. 940
• 1899 Wash. LEXIS 224

Syllabus

<p>APPEAL—SERVICE OF NOTICE—PARTIES SERVICE OF BOND—EXCEPTIONS TO FINDINGS-MOTION TO STRIKE-SETTLEMENT OF STATEMENT-NOTICE TO RESPONDENTS-MORTGAGE FOR FUTURE ADVANCES-MECHANICS’ LIENS—PRIORITIES.</p> <p>Under Bal. Code, § 6518, providing that no appeal shall be dismissed for any defect in the service of notice of appeal, if it appears that the adverse party had sufficient notice so as not to prejudice his substantial rights, the giving of notice to an attorney for a respondent is sufficient to excuse the omission of notice to him as attorney for himself, as he cannot in the latter capacity maintain that he has had no notice.</p> <p>Service of notice of appeal upon parties who have not appeared in the action is unnecessary.</p> <p>Failure to serve respondents with an appeal bond or notice of its filing is not ground for dismissal of the appeal, under the provisions of the appeal act of 1893.</p> <p>The supreme court will not entertain a motion to strike exceptions to findings of fact and conclusions of law, on the ground that they were not taken within the time prescribed by law.</p> <p>Notice to respondents of the settlement of a statement of facts is unnecessary, where no objections to the proposed statement have been filed, nor substantial amendments proposed.</p> <p>A mortgage to secure future advances is entitled to priority over the liens of mechanics and material men, if recorded prior to the performance of service or furnishing of materials, even if a portion of the advances are not made until after the mechanics’ liens have attached, under Gen. Stat., § 1666, according mechanics’ liens preference to any lien or mortgage which may have attached subsequently to the time when the building was commenced, w°rk done or materials furnished, or which was unrecorded at that time, or of which the lien-holder had no notice, at the commencement of furnishing services or material.</p> <p>Material men and laborers can claim liens only from the time they commence to furnis