Spokane & Idaho Lumber Co. v. Loy

Citations

• 21 Wash. 501
• 58 P. 672
• 1899 Wash. LEXIS 318

Syllabus

<p>APPEAL-SUFFICIENCY OF BOND — EXECUTION IN APPELLANT’S BEHALF.</p> <p>Under Bal. Code, § 6506, providing that the bond on appeal must be executed in behalf of the appellant by one or more sureties, it is not a defect for one of several appellants to omit joining in the execution of the bond, if the bond is sufficiently executed by sureties in his behalf.</p> <p>SAME-QUALIFICATION OF SURETIES BEFORE CO-SURETY.</p> <p>The fact that the affidavits of part of the sureties on an appeal bond were taken before another surety, who was a duly qualified notary public, would not affect the sufficiency of the affidavits nor invalidate the bond.</p> <p>STATEMENT OF FACTS-SERVICE OF COPY-OMISSION OF FILE MARKS.</p> <p>The copy of the statement of facts served on the adverse party, after the filing of the original with the clerk of the superior court, need not contain a copy of the file marks placed on the original by the clerk.</p> <p>MECHANICS’ LIENS-CONTRACT FOR PUBLIC WORKS-INDEMNITY AGAINST LIENS-RELATIVE EXECUTION OF BOND AND CONTRACT.</p> <p>Where a bond is given by a contractor upon work, under Gen. Stat., § 2415, to secure laborers and material men for labor performed and material furnished therefor, it is immaterial whether the contract between him and the public corporation be executed before or after the execution of- the bond.</p> <p>PLEADING AND PROOF — RESTRICTION OF EVIDENCE TO BILL OF PARTICULARS ALLEGED.</p> <p>Iu an action upon an account, which is set forth by a bill of particulars in the complaint, the plaintiff is not restricted in his proof to the items set forth, where it is clear that the defendant is not misled or surprised thereby.</p> <p>CORPORATIONS-EVIDENCE OF CORPORATE EXISTENCE.</p> <p>Where the corporate existence of plaintiff is not specifically denied in the answer, the fact of incorporation as alleged in the complaint may be prima facie established by the introduction in evidence of a certificate of the county auditor showing such fact, under