Sly v. Palo Alto Gold Mining Co.

Citations

• 28 Wash. 485
• 68 P. 871
• 1902 Wash. LEXIS 511

Syllabus

<p>PLEADING-OBJECTIONS RAISED BY DEMURRER-FAILURE TO ALLEGE CORPORATE CAPACITY OF DEFENDANT.</p> <p>A general demurrer to a complaint in an action against a corporation will not raise the objection that it fails to allege the incorporation of the defendant company.</p> <p>SAME-AVERMENT OF SEPARATE CAUSES OF ACTION BY REFERENCE.</p> <p>The objection that a complaint, for portions of its second, third and fourth causes of action, alleges that certain paragraphs of the first cause of action are repeated and made a part of the succeeding causes set forth cannot be raised by demurrer.</p> <p>MECHANICS’ LIENS ■— JUDGMENT ON PLEADINGS-INCLUSION OF CONTIGUOUS PREMISES.</p> <p>In an action for the foreclosure of mechanics’ liens, where a complaint alleges the furnishing of labor and materials for the improvement of a designated mining claim, and then adds it' is contiguous to and adjoining another designated claim held nd operated by defendant as a group, and that the materials so furnished were for the development of both lodes which were held by defendant as constituting one mine, a decree including both mining claims is warranted in giving judgment on the pleadings, where there is no denial of the allegations of the complaint.</p>