Downs v. Bedford

(After stating the foregoing facts.) 1. While the method prescribed in sections 3366 et seq. of the Civil Code of 1910 for the enforcement of a laborer’s lien by a summary and ex parte levy upon property belonging to the employer is purely remedial, the lien itself is not created by the levy but is pre-existing, and, where not given by the contract is, so far as it arises in this State, purely statutory, and, as provided by statute, codified in section 3339 of the Civil Code of 1910, arises upon the completion of the contract of labor. See also, in this connection, sections 3329 and 3334 of…