Knowles v. Joost
California Supreme Court
Appeal from the Twelfth District. "Upon publication of notice under the Mechanics’ Lien Act, a reference was made to report as to the various liens. The referee found for defendants—the owners and the contractor. Judgment was entered accordingly, a motion to set aside the report having been overruled. Plaintiff appeals.
1Opinion of the CourtTerry, C. J.
Baldwin, J. concurring.
*621This is an action to enforce a lien on a building for materials furnished the contractor, and used in the construction of the building.
The finding of the referee, which, as the evidence is conflicting, is conclusive as to the facts, shows that before notice of the lien was filed, or notice given to the owner of the building, he had fully paid to the contractor all that was due him upon the contract.
The Statute of 1856 intended that the liens of sub-contractors and material men, should be satisfied by the owner of the building, out of moneys due from him to the…
2Cited by5 opinions
- Colter v. FreseIndiana Supreme Court · 1873
- James Hunter & Co. v. Truckee LodgeNevada Supreme Court · 1879
- Kellogg v. HowesCalifornia Supreme Court · 1889
- Allen v. RedwardHawaii Supreme Court · 1895
- McAlpin v. DuncanCalifornia Supreme Court · 1860