Pacific Iron & Steel Works v. Goerig

Citations

• 55 Wash. 149
• 104 P. 151
• 1909 Wash. LEXIS 724

Syllabus

<p>Mechanics’ Liens — Foreclosure—Jurisdiction—Failure to Prove Lien. In an action in equity to foreclose a mechanics’ lien, the court does not lose jurisdiction by plaintiff’s abandonment of the lien at the trial, as defendant may have a jury trial on the issue of debt.</p> <p>Same — Personal Judgment. A personal judgment may be rendered in an action to foreclose a mechanics’ lien upon proper evidence, whether the lien is established or not.</p> <p>Work and Labor — Persons Liable. Ownership of an article by defendant is not essential to a recovery for repairs thereon made at the instance and request of the defendant.</p> <p>Evidence — Judicial Notice — Records. The court cannot take judicial notice of its records in other actions.</p> <p>Courts — Appellate Courts — Judicial Notice. An appellate court cannot take judicial notice of what the trial court cannot judicially notice.</p> <p>Mechanics’ Liens — Parties Plaintiff — Capacity to Sue — Objections — Waiver. It cannot be objected that a corporation has no capacity to sue in an action to foreclose a mechanics’ lien for work and labor in repairing a machine, under Laws 1905, p. 137, where the claim for a lien was abandoned and not an issue at the trial.</p>