Hicks v. Murray
California Supreme Court
Appeal from the District Court of the Third Judicial District, Santa Clara County! This was an action to enforce a mechanics’ lien upon premises of which defendant Murray was in possession under a contract of purchase made with defendants A. Lewis and Auzelia Lewis, his wife. The defendants Lewis held a mortgage upon the premises, dated February 10th, 1870, and had given a quitclaim conveyance of the same date to Murray.
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Appeal from the District Court of the Third Judicial District, Santa Clara County! This was an action to enforce a mechanics’ lien upon premises of which defendant Murray was in possession under a contract of purchase made with defendants A. Lewis and Auzelia Lewis, his wife. The defendants Lewis held a mortgage upon the premises, dated February 10th, 1870, and had given a quitclaim conveyance of the same date to Murray. The defendant Browne, in his answer, set up, hy way of cross-complaint, a claim against defendant Murray, and asked to have a lien in his own favor, filed April 30th, 1870,…
1Opinion of the Court
*521By the Court,
Wallace, C. J.:
First—Upon a careful consideration of the Act of March 30th, 1868, securing a lien to mechanics and others, in connection with the facts of this case, we are of the opinion that the objections made in argument, as to the constitutionality of the Act, cannot be maintained.
Second—The objection that the claim of Browne is npt signed by him cannot be supported. His signature to the verification attached thereto is a sufficient signing of the claim within the intent of the Act.
Third—But we think that the amended answer and cross complaint of Browne is radically…
2Cited by15 opinions
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Ortega v. CorderoCalifornia Supreme Court · 1891
- Tucker v. ParksSupreme Court of Colorado · 1883
- Hightower v. BaileyCourt of Appeals of Kentucky · 1900
- Griffith v. MaxwellWashington Supreme Court · 1898
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