Huggins v. Sutherland

Citations

• 39 Wash. 552
• 82 P. 112
• 1905 Wash. LEXIS 899

Syllabus

<p>Actions—Misjoinder — Principal and Sureties — Judgment in Dieeebent Sums—Appeal—Review—Harmless Error. Upon appeal from a judgment against the principal and sureties on a bond, a misjoinder of causes of action cannot be asserted from the fact that judgment was rendered in different sums against the principal and the sureties, where the record of the trial is not brought up and the defect does not appear on the face of the complaint, and where the error appears to be in favor of appellants.</p> <p>Indemnity—Bonds—Of Contractor on Public Work—Defenses— Running to City—-Mistake of Obligoes. The principal and sureties upon a contractor’s statutory bond given to a city to protect laborers and materialmen upon a public work, cannot take advantage of a mistake 'whereby the bond runs to the city, instead of to the state as required by statute.</p> <p>Same—Action by Materialmen—Filing Claims With City—Release of Sureties. Materialmen who furnished material to a contractor upon municipal work cannot maintain an action against the sureties upon the contractor’s statutory bond, unless, within thirty days after the completion of the contract, they filed their claims with the city council, as required by Laws 1899, p. 172; such notice being for the benefit of the sureties, and failure to give the same operating to discharge them.</p>