Shaver v. Murdock
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Marin County. The defendant Stilwell set up in defense that he had paid defendant Murdock in full of his building contract before he was notified of the plaintiff’s claim in suit. In the Court below judgment passed for defendant Stilwell, and the plaintiff appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sprague, J. :
This was an action to enforce a lien of a material-man claimed under the Act in relation to liens of mechanics and others, passed April 26th, 1862, (Stats. 1862, p. 884,) and the appeal is from the judgment, upon the judgment roll, a statement on appeal with an assignment of errors claimed to have been committed by the Court in admitting and excluding evidence on the trial against plaintiff’s objections and offers.
As appears from the pleadings, defendants Stilwell and Murdock, on the 9th of January, 1867, entered into a written agreement, by the terms of which…
2Cases cited3 opinions
- Dore v. SellersCalifornia Supreme Court · 1865
- Davis v. LivingstonCalifornia Supreme Court · 1865
- Cruz v. BrisenoCalifornia Supreme Court · 2000
3Cited by9 opinions
- Hensler v. City of Los AngelesCalifornia Court of Appeal · 1954
- Schroeder v. GallandSupreme Court of Pennsylvania · 1890
- Dingley v. GreeneCalifornia Supreme Court · 1880
- Henley v. WadsworthCalifornia Supreme Court · 1869
- Northern Pac. Ry. Co. v. Twohy Bros. Co.Court of Appeals for the Ninth Circuit · 1938
4 more not listed; retrieve them via the Exa API.