Cahoon v. Levy
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. The following facts are admitted for the purposes of the opinion: The plaintiffs brought their action, and recovered judgment in the Court below against the defendant, Levy and others. A writ of attachment was issued at the time of bringing the action, September 15, 1853, and duly served on one Nathan, for whom Levy was erecting a house, which was not then completed.
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Appeal from the District Court of the Sixth Judicial District. The following facts are admitted for the purposes of the opinion: The plaintiffs brought their action, and recovered judgment in the Court below against the defendant, Levy and others. A writ of attachment was issued at the time of bringing the action, September 15, 1853, and duly served on one Nathan, for whom Levy was erecting a house, which was not then completed. Subsequent to the service of plaintiffs’ attachment on Nathan, he was served with notices by the sub-contractors under Levy, that they claimed liens on the building…
1Opinion of the CourtChief Justice Murray
Mr. Justice Terry concurred.
This cause has been re-submitted to us for the purpose of obtaining our opinion upon a point, which will be decisive of the whole subject matter of the controversy.
The question presented is, whether the garnishment served upon the owners of the building, before the notices by the sub-contractors, journeymen, etc., becomes a lien upon the fund in the hands of the owner, and takes precedence of the claims of sub-contractors.
The statute was designed for two classes of laborers and contractors ; first, master builders, mechanics, lumber merchants, and all other persons…
2Cited by10 opinions
- Herman v. SanteeCalifornia Supreme Court · 1894
- Kellogg v. HowesCalifornia Supreme Court · 1889
- Davies Henderson Lumber Co. v. GottschalkCalifornia Supreme Court · 1889
- Call v. Rocky Mountain Bell Telephone Co.Idaho Supreme Court · 1909
- Cunningham v. Spokane Hydraulic Mining Co.Washington Supreme Court · 1898
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