Legal Opinion

Service v. McMahon

Washington Supreme Court

Decided March 26, 1906No. 5940PublishedCited by 5 opinions

Appeal from a judgment of the superior court for Spokane county, Kennan, J., entered July'29, 1905, dismissing an action to foreclose a mechanics’ lien, upon sustaining a demurrer to the complaint.

1Opinion of the CourtHadley, J.

— This action was brought to foreclose a lien, for lumber and material furnished in, the construction of a building. The complaint alleges that the lien notice, was filed for record on May 25, 1904. The complaint was not filed until January 30, 1905. Demurrer to the complaint was interposed on several grounds, and among them that the action was not commenced within, the time limited by law. The demurrer was sustained and the plaintiff having refused to plead further, judgment was entered dismissing the action. The plaintiff has appealed.

*453Several questions are discussed as being involved in…

2Cases cited1 opinion

  1. Cresswell v. Spokane CountyWashington Supreme Court · 1903

3Cited by5 opinions

  1. Blalock v. CondonWashington Supreme Court · 1909
  2. In Re WarrenDistrict Court, W.D. Washington · 1961
  3. Murker v. Northern Pacific Railway Co.Washington Supreme Court · 1917
  4. White v. ColemanWashington Supreme Court · 1927
  5. Davis v. WilliamsWashington Supreme Court · 1934

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