Kalb-Glibert Lumber Co. v. Cram

Citations

• 57 Wash. 550
• 107 P. 381
• 1910 Wash. LEXIS 795

Syllabus

<p>Estoppel — Conduct—Judicial Pboceedings — Objection to Jubisdiction. In an action to foreclose a materialman’s lien upon a vessel, sureties who sign a bond offered for the purpose of releasing the vessel from the custody of a receiver and agree in the bond that their personal liability shall stand as security in place of the vessel in case the vessel is released, are estopped to assert that the order of the court, as prayed for, releasing the vessel was without jurisdiction and not authorized by statute.</p> <p>Actions — Pabties—Subbties on Bond — Judgments — -Constitutional Law — Due Peocess — Liens—Fobeclosube. Where, in an action to foreclose a materialman’s lien upon a vessel in the hands of a receiver, the vessel is released from custody upon defendant’s substituting a bond wherein the sureties agree that their. personal liability thereon shall become substituted for any security or claim which the plaintiff may have against the vessel, and that they are substituted for and take the place of the vessel, the sureties become parties to the action to the extent that, upon default of the defendant, personal judgment may be rendered against them in the original cause, without violating their constitutional right to due process of law, or any principal of law (Rudkin, C. J., dissenting).</p>