Sumpter v. Burnham

Citations

• 51 Wash. 599
• 99 P. 752
• 1909 Wash. LEXIS 1236

Syllabus

<p>Pleading — Answer—Denial on Information. A denial, on information and belief, as to the filing of a lien notice in the county auditor’s office is insufficient.</p> <p>Logs and Logging — Liens—Pleading-—-Answer—-Admissions—Issues and Proof. In an'action to foreclose a logger’s lien, an answer setting up a tender “at the time of the filing of the lien” and plaintiff’s failure to make a demand before such filing, dispenses with plaintiff’s proof of tne filing of the lien, which defendant had denied on information and belief.</p> <p>Same — Foreclosure—Costs—Demand Before Suit — Statutes— Construction. Under Laws 1899, p. 143, which forbids costs to holders of logger’s liens who begin suit before demand for payment, unless the court shall find that the claimants had reasonable ground to believe that the owner was attempting to defraud the claimant, a demand before the filing of the lien will entitle the claimant to costs.</p>