Kellogg v. Littell & Smythe Manufacturing Co.
Washington Supreme Court
Appeal from Superior Court, King County. Action by the Littell & Smythe Manufacturing Company to foreclose a mechanics’ lien upon the building of defendant, Phillips, and upon id'' leasehold interest in certain land, and against the defendants, George and Harriet Misener, as owners of the fee in the land, and against M. Y. Kellogg, as the contractor who erected the buildings. Judgment for plaintiffs, and defendants appeal.
1Opinion of the Court
The opinion of the court was delivered by
Hoyt, J.
The objections to the appeal herein urged by the appellee are as to irregularities not going to the jurisdiction of the court, and in view of the uncertainty existing at the time the appeal was taken, growing out of the change of the rules of this court and the unsettled practice thereunder, we do not think that they are such as should deprive the appellants of the right to be heard. The motion to dismiss the appeal is therefore denied.
Appellee sought to obtain judgment for material furnished by it for the erection of a certain frame building,…
2Cases cited2 opinions
- Jodd v. DuncanMissouri Court of Appeals · 1880
- Tracy v. RogersIllinois Supreme Court · 1873
3Cited by13 opinions
- Crutcher v. BlockSupreme Court of Oklahoma · 1907
- Front Street Cable Railway Co. v. JohnsonWashington Supreme Court · 1891
- Hildebrandt v. SavageWashington Supreme Court · 1892
- Woolridge v. TorgrimsonNorth Dakota Supreme Court · 1930
- Green v. TenoldNorth Dakota Supreme Court · 1905
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