2 Wash. 457 | Wash. | 1891
The opinion of the court was delivered by
— Appellant was a tenant occupying certain rooms in a building known as the “ Kilgen Block,” in the city of Seattle, and was conducting a bathing establishment therein. Appellee did some work for the appellant in the way of repairing, moving and refitting various steam and soil pipes, and in changing some of the other appliances used in carrying on said business, and furnished certain materials used in performing said work. Appellee’s claim being disputed, he filed a notice of a lien purporting to cover
That there can be no lien obtained upon personal property, under the provisions of chapter 138 of the Code of 1881, relating to “liens of mechanics and others upon real property,” under which the lien here is claimed, we have, in effect, decided since this case was tried in the superior court — see Kellogg v. Littell & Smythe Mfg. Co., 1 Wash. 407 (25 Pac. Rep. 461); and there was no law authorizing such a lien. There is nothing in the ease of which equity could take cognizance, and appellant’s points are well taken.
The case is reversed, and remanded to the court below, with instructions to dismiss the suit, without prejudice, however, to an action at law to recover the amount claimed. ■