Legal Opinion

Spokane Grain & Fuel Co. v. Lyttaker

Washington Supreme Court

Decided June 16, 1910No. 8848PublishedCited by 73 opinions

Appeal from a judgment of the superior court for King county, Gilliam, J., entered April 20, 1910, upon sustaining a demurrer to the complaint, dismissing an action to foreclose materialmen’s liens, after a hearing before the court.

1Opinion of the CourtRudkin, C. J.

This was an action to foreclose material-men’s liens. A demurrer to the complaint was sustained in the court below, and the plaintiffs elected to stand on their pleading and refused to plead further. A judgment of dismissal was thereupon entered, from which this appeal is prosecuted.

The demurrer was sustained for the reason that the complaint failed to allege that, at the time of the delivery of the materials, the lien claimants delivered or mailed to the owner or reputed owner of the property, upon, or about which the materials were to be used, a duplicate statement of all such materials, as…

2Cases cited20 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. State v. GerhardtIndiana Supreme Court · 1896
  3. Clark, Sheriff v. Finley, ComptrollerTexas Supreme Court · 1899
  4. Ex parte PollardSupreme Court of Alabama · 1866
  5. State v. RogersSupreme Court of Alabama · 1894

15 more not listed; retrieve them via the Exa API.

3Cited by73 opinions

  1. State v. ThorneWashington Supreme Court · 1996
  2. State v. ManussierWashington Supreme Court · 1996
  3. State v. ManussierWashington Supreme Court · 1996
  4. Amalgamated Transit Union Local 587 v. StateWashington Supreme Court · 2000
  5. Yelle v. BishopWashington Supreme Court · 1959

68 more not listed; retrieve them via the Exa API.

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