(DOWNLOAD) "Strong V. Sunset Copper Co." by En Banc. Supreme Court of Washington # Book PDF Kindle ePub Free

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eBook details

• Title: Strong V. Sunset Copper Co.
• Author : En Banc. Supreme Court of Washington
• Release Date : January 14, 1941
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

STEINERT, J. -- This action was brought to foreclose a real estate and chattel mortgage executed by defendant Sunset Copper Company as security for a bond issue. A number of the defendants, including Sunset Copper Company, defaulted, and certain other defendants, employees whose labor liens on the mortgaged property had been foreclosed in a former suit, answered and pleaded affirmatively that plaintiff's action was barred by the statute of limitations. The cause was tried to the court, without a jury, and, after the court had orally announced its decision to the effect that the action was barred by the statute so far as the lien claimants were concerned, plaintiff moved for judgment notwithstanding the oral decision. The motion was denied. Plaintiff further moved, in the alternative, for an order reopening the case for further evidence, or, for an order granting a new trial. The alternative motion was supported by affidavits claiming newly discovered evidence. That motion was also denied, on the ground of lack of due diligence on the part of plaintiff. The court thereupon entered a decree foreclosing plaintiff's mortgage, but adjudging the lien threof to be subordinate to the rights of the labor lien claimants. From the portions of the decree adverse to him, plaintiff appealed.

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