Peterson v. Dillon

Citations

• 27 Wash. 78
• 67 P. 397
• 1901 Wash. LEXIS 464

Syllabus

<p>COURT COMMISSIONERS-POWER TO ENTER DEFAULT JUDGMENT.</p> <p>Under art. 4, § 23, of the constitution authorizing the appointment of court commissioners who shall perform like duties as a judge of the superior court at chambers, subject to revision by the judge, and shall perform such other business connected with the administration of justice as may be prescribed by law, and under Bal. Code, § 4729, passed’ in pursuance thereof, which authorizes such court commissioners to grant defaults and enter judgment thereon, a court commissioner has power to try causes in which a jury is not required, and to enter judgment, which stands as the final judgment of the court, when no proceedings are instituted for its review by the court below, since the term “at chambers” must be construed in the light of the practice prevailing at the date of the adoption of the constitution, and under the law then in force (Code 1881, § 2138), judges could at chambers try, hear, and determine all actions, causes, motions, demurrers, and other matters not requiring a trial by jury.</p> <p>CONSOLIDATION OF CAUSES-JURISDICTION AS TO PARTIES-JUDGMENT.</p> <p>Under the power inherent in a court of equity to consolidate causes of action involving the same subject-matter, an action seeking to charge a certain lot with a mechanic’s lien and another action seeking to prevent the lien from attaching to such lot were properly consolidated, and gave the court jurisdiction of all parties who had appeared or been served in either action, so that judgment rendered in the consolidated action would be binding on all parties thereto, even though not parties to one of the original actions.</p> <p>MECHANICS’ LIENS FORECLOSURE LIMITATIONS •— PLEADING.</p> <p>Under Bal. Code, § 5908, limiting the duration of a mechanic’s lien to eight calendar months after the filing of the claim, unless an action be commenced within that time to enforce it, one seeking to foreclose a mechanic’s lien must affirmatively show that