Malfa v. Crisp

Citations

• 52 Wash. 509
• 100 P. 1012
• 1909 Wash. LEXIS 1147

Syllabus

<p>Appeal — Record—Statement oe Facts. In the absence of a statement of facts or bill of exceptions only errors predicated on the pleadings and orders can be considered.</p> <p>Partnership — Actions—Conditions Precedent — Filing Certifícate of Firm Name — Statutes—Compliance After Suit Brought. Where copartners did business under a firm name other than the true name of the firm members, without filing a certificate in the county auditor’s office designating their true names, as required by Laws 1907, p. 288, which further provides that they shall not be entitled to maintain any suit without alleging and proving the filing of such certificate, there is such a substantial compliance with the statute as to prevent dismissal of an action, commenced before the filing of the certificate, where long before trial they filed the certificate and obtained leave to amend their complaint, which amendment was made before the statute of limitations had run against their action and after answer by the defendants, who did not stand upon the demurrer; since the defendants are not prejudiced thereby.</p> <p>Mechanics’ Liens — Notice—Amendments-—After Suit — Error in Description. Under Bal. Code, § 5904, authorizing the amendment of lien notices where interests of third parties are not affected, a lien notice and complaint to foreclose the same can be amended to. correct an erroneous description of the property, after answer by the defendant disclosing the error in the notice.</p>