Brennan v. Swasey
California Supreme Court
Appeal from the Ninth District. Suit originally against one Young, to enforce a mechanic’s lien. Plaintiffs performed work and furnished materials for Young, and in due time, to wit: August 9th, 1858, filed their notice of lien. The account is in general terms, stating the amount, and that it was for work and materials, but without giving the items.
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Appeal from the Ninth District. Suit originally against one Young, to enforce a mechanic’s lien. Plaintiffs performed work and furnished materials for Young, and in due time, to wit: August 9th, 1858, filed their notice of lien. The account is in general terms, stating the amount, and that it was for work and materials, but without giving the items. Young having given plaintiffs his note for the larger portion of this claim, they brought suit on it against him by attachment, August 9th, 1858, and levied it on the property against which their lien existed, and other property of the debtor. No…
1Opinion of the CourtCope, J.
Baldwin, J. concurring.
The decree in this case cannot be maintained. The lien claimed by the plaintiffs was properly secured under the statute. It was unnecessary to set out the items of the account. Nothing more was required than a statement of the demand, showing its nature and character, and the amount due or owing thereon.
The plaintiffs did not waive their lien by bringing an action, and causing an attachment to be issued and levied upon property of the debtor to secure the same demand. The two remedies are cumulative, and both may be pursued at the same time. In case of an attempt to…
2Cited by10 opinions
- Martin v. BeckerCalifornia Supreme Court · 1915
- Bates v. County of Santa BarbaraCalifornia Supreme Court · 1891
- F. M. Sibley Lumber Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1928
- Hunt v. DarlingSupreme Court of Rhode Island · 1904
- O'Niel v. TaylorWest Virginia Supreme Court · 1906
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