Washington Reports Volume 73

Washington Reports Volume 73

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...prevailed. The decree provides, (1) that the plaintiff have judgment, specifying the amount thereof; (2) that the judgment be a paramount lien upon the steamer Una; (3) the receiver was directed to sell the Una; and (4) that in the event the proceeds of the sale of the Una be not sufiicient to satisfy the judgment, then and in that event the plaintiff have a deficiency judgment for the balance. The defendants Carter and wife appeal. No statement of facts or bill of exceptions has been brought to this court. The questions sought to be raised on the record here are, (1) the jurisdiction of the superior court, (2) the sufiiciency of the complaint, and (3) the validity of the deficiency judgment. The appellants contend that, in actions of this character, the superior court does not have jurisdiction; but this ques tion has been determined adversely to such contention. In Callahan v. Aetna Indemnity Co., 33 Wash. 583, 74 Pac. 693, it is said: "The materials were used in the ship. The case stands then the same as though appellant himself had furnished the materials to the construction company at the time they were used, and for the purpose for which they were used. These facts bring the case squarely within the terms of the statute, and the appellant was entitled to a lien for the amount of his claim." As to the sufiiciency of the complaint, in the absence of a statement of facts or bill of exceptions, we must presume that the evidence supports the decree, and if necessary deem Syllabus. 73 Wash. the complaint amended. In Holden '0. Romano, 61 Wash. 458, 112 Pac. 489, it is stated: "Furthermore, in the absence of a statement of facts we must presume that the testimony supports the findings, and would deem the complaint amended...show more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236854969
  • 9781236854964