Pain v. Isaacs

Citations

• 10 Wash. 173
• 38 P. 1038
• 1894 Wash. LEXIS 181

Syllabus

<p>liens on farm products — claim — joinder of parties — action TO ENFORCE — ATTORNEY FEES — JUDGMENT — EVIDENCE.</p> <p>Farm laborers entitled to liens for harvesting and threshing wheat may, under Code 1881, § 1978, join in the filing of one lien claim, which, under § 1696, Gen. Stat. may be signed and verified by one of their number. (Hoyt, J., dissents.)</p> <p>Farm laborers are also, under the Code 1881, § 1978, entitled to attorney fees in proceedings to enforce their liens.</p> <p>Where a claim of lien for services in harvesting and threshing wheat is set out in the complaint for foreclosure, and no objection is made by way of demurrer to the sufficiency of the description in the lien notice, the defect is cured by the judgment of foreclosure.</p> <p>In an action to foreclose farm laborers’ liens upon a quantity of wheat, judgment declaring a lien upon the wheat described in the complaint is warranted, when the evidence on the part of plaintiffs showed that they had harvested and threshed wheat upon the farm lands of the principal defendant, and the place where the work had been done, and an answer in the action, filed by attaching creditors of the farmer, who had been made parties defendant with him, sets up that they had levied attachments upon the same wheat upon which plaintiffs claimed a lien.</p> <p>In an action against a tenant farming land upon shares to enforce a farm laborers’ lien, the landlord is neither a proper nor a necessary party.</p> <p>When a farm laborer, in an action to enforce a lien, testifies that he began work on a certain date, and that he worked a given number of days, the presumption must be that his labor was continuous, exclusive of Sundays, and where it appears that his labor was concluded more than forty days prior to the filing of his lien notice, his lien is defeated, although the notice may on its face establish his right to a lien.</p>