Legal Opinion

Daugherty v. Gunther

Washington Supreme Court

Decided December 3, 1915No. 12907PublishedCited by 13 opinions

Appeal from a judgment of the superior court for King county, Gilliam, J., entered February 8, 1915, upon sustaining a demurrer to the complaint, dismissing an action to foreclose a mechanics’ lien.

1Opinion of the CourtBausman, J.

Plaintiffs’ complaint sought to foreclose an asserted lien on lands for “surveying, placing stakes and monuments, and figuring out distances for the platting of said real estate.” A demurrer being sustained, they elected to stand on their complaint and have appealed.

This lien is claimed under the grader’s statute, which gives a lien on realty to him who “clears, grades, fills in or otherwise improves the same, or any street or road in front of, or adjoining the same.” Rem. & Bal. Code, § 1131 (P. C. 309 § 59).

The decision of the lower court was correct. We incline, to be sure, and are…

2Cases cited2 opinions

  1. Gould v. McCormickWashington Supreme Court · 1913
  2. Lipscomb v. Exchange National BankWashington Supreme Court · 1914

3Cited by13 opinions

  1. Raffel v. PerleyMassachusetts Appeals Court · 1982
  2. Reuben E. Johnson Co. v. PhelpsSupreme Court of Minnesota · 1968
  3. Wilkinson v. RoweSupreme Court of Alabama · 1957
  4. Ciancio v. SerafiniColorado Court of Appeals · 1977
  5. Gollehon, Schemmer & Associates, Inc. v. Fairway-Bettendorf AssociatesSupreme Court of Iowa · 1978

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