Root, Neilson & Co. v. Bryant

Department No. 2, by the Court (from the Bench):

The plaintiffs brought this action to foreclose a mechanics’ lien upon certain saw-mill property, and impleaded the London and San Francisco Bank as a party holding a - subordinate lien upon the same property. The action was tried, and a decree entered, by which it was "ordered that the property be sold, and *184that. Root, Reilson & Co. be first paid their claim in full out of the proceeds of the sale, and that the claim of the London and San Francisco Bank be paid out of the surplus, if any remained. The bank moved for a new trial, which was…