Legal Opinion

Pain v. Isaacs

Washington Supreme Court

Decided November 24, 1894No. 1444PublishedCited by 1 opinion

Appeal from Superior Court, Walla Walla County. Action by six farm laborers to foreclose liens upon certain wheat which had been harvested and threshed by them. The appellants, having levied attachments upon the same wheat, were made party defendants with the person who had employed plaintiffs.

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Appeal from Superior Court, Walla Walla County. Action by six farm laborers to foreclose liens upon certain wheat which had been harvested and threshed by them. The appellants, having levied attachments upon the same wheat, were made party defendants with the person who had employed plaintiffs. The description of the property in the lien notice was as follows : “A certain lot of wheat, being about 1,200 sacks, and about 13 sacks not threshed, which was headed and stacked and part of it threshed and is now about 500 sacks at the North Pacific Milling Co. (marked No. 11) and about 700 sacks is…

1Opinion of the Court

The opinion of the court was delivered by

Stiles, J.

Six persons, who claimed liens upon certain wheat for their labor in harvesting and threshing the same, joined in one lien claim, or notice, which was signed and verified by one of their number.

The first point made by appellants is that several lienors of this class cannot join in the filing of one claim, as it was held loggers could do in Chevret v. Mechanics’ Mill, etc., Co., 4 Wash. 721 (31 Pac. 24), the reason being that Gen. Stat. § 1691 is not applicable because not made so in terms by the law authorizing farm laborers to assert liens.…

2Cases cited3 opinions

  1. George Ainslie & Co. v. Bertha Kohn & Thompson, De Hart & Co.Oregon Supreme Court · 1888
  2. Hicks v. MurrayCalifornia Supreme Court · 1872
  3. Chevret v. Mechanics' Mill & Lumber Co.Washington Supreme Court · 1892

3Cited by1 opinion

  1. Gleason v. Tacoma Hotel Co.Washington Supreme Court · 1897

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