Spaulding v. Mammoth Spring Mining Co.
California Supreme Court
APPEAL from Superior Court, Sierra County; Stanley A. Smith, Judge. Action by E. Spaulding against the Mammoth Spring Mining Company and J. D. Reilly to recover of defendant company money due plaintiff for services, and to establish a lien therefor. Pending the action, plaintiff died, and H. Spaulding, administrator of his estate, was substituted as plaintiff. There was a judgment against defendant company by default.
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APPEAL from Superior Court, Sierra County; Stanley A. Smith, Judge. Action by E. Spaulding against the Mammoth Spring Mining Company and J. D. Reilly to recover of defendant company money due plaintiff for services, and to establish a lien therefor. Pending the action, plaintiff died, and H. Spaulding, administrator of his estate, was substituted as plaintiff. There was a judgment against defendant company by default. From that portion of the judgment declaring plaintiff entitled to a lien and that such lien is superior to an attachment lien of defendant Reilly the latter appeals.
1Opinion of the Court
HAYNES, C.
On December 18, 1893, J. D. Reilly, the appellant in this case, commenced an action against the Mammoth Spring Mining Company to recover the sum of $428.53 due him from said corporation for timber theretofore sold *713and delivered to said corporation, and on the same day caused a writ of attachment to be issued in said action, which was levied upon all the property of the corporation. At and prior to the date of said attachment said corporation was indebted to B. Spaulding and Daniel Dever for labor performed upon the mining property of said corporation. Denver assigned his claim for…
Also in this document: Per curiam.
2Cases cited2 opinions
- Keener v. Eagle Lake Land & Irrigation Co.California Supreme Court · 1895
- Ackley v. Black Hawk Gravel Mining Co.California Supreme Court · 1896