Cady v. Case

• Decision Date: 08 February 1895
• Citation: 11 Wash. 124,39 P. 375
• Parties: CADY v. CASE ET AL.
• Court: Washington Supreme Court

39 P. 375

11 Wash. 124

CADY v. CASE ET AL.

Supreme Court of Washington

February 8, 1895

Appeal from superior court, Chehalis county; Mason Irwin, Judge.

Action by W. T. Cady against Case, Huling & Co. to foreclose a lien on shingles, and for an injunction. From an order granting a temporary injunction, defendants appeal. Affirmed.

Geo. D. Schofield, for appellants.

Austin E. Griffiths, for respondent.

DUNBAR J.

Plaintiff in the court below brought his action to foreclose a lien on shingles, and as a basis for injunctive relief pendente lite averred in his complaint that the debt was due the financial irresponsibility and insolvency of the defendants, and that the only security for said claim was the lien upon said shingles, which defendants were threatening to and were about to remove and dispose of, thereby endangering plaintiff's security. Defendants appeared, and resisted the application by affidavits denying the allegations of the complaint; and the court, having considered the complaint and the counter affidavits thereto, granted a temporary injunction, from which order this appeal is prosecuted.

It was contended, in the first place, that the complaint was not sufficient in law to sustain a temporary injunction; second that the verification was not sufficient; and, third, that the material allegations of the complaint having been denied a temporary injunction should not have issued. We think the complaint was amply sufficient to sustain an order for a temporary injunction, and we do not think there is any force in the objection that the affidavit was not sufficient. There is no distinction made in law between the verification of this pleading and that of any other pleading in a case. The verification in this case is as follows: "W. T. Cady, being duly sworn, deposes and says he is the plaintiff above named; that he has read the foregoing complaint, and knows the contents thereof; that the statements therein contained are true, as he verily believes." Section 203 of the Code of Procedure provides that "every pleading shall be subscribed by a party or his attorney and, except a demurrer, shall also be verified by the party, his agent or attorney, to the effect that he believes it to be true." This pleading comes within the rule prescribed, and is, we think, amply sufficient. A more difficult question is presented concerning the answer of the defendants. The amount sued for, however,...