Legal Opinion

Roylance v. San Luis Hotel Co.

California Supreme Court

Decided December 2, 1887No. 12000PublishedCited by 10 opinions

Appeal from a judgment of the Superior Court of San Luis Obispo County. The action was brought by the plaintiffs, as partners, against the defendants, the San Luis Hotel Company and Armstrong Brothers, to recover a certain sum of ihoney from the latter for materials furnished them for use, and which were used, in the construction of a hotel belonging to the hotel company, and to have the amount due declared to be a lien on the hotel premises, and to have the same sold to…

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Appeal from a judgment of the Superior Court of San Luis Obispo County. The action was brought by the plaintiffs, as partners, against the defendants, the San Luis Hotel Company and Armstrong Brothers, to recover a certain sum of ihoney from the latter for materials furnished them for use, and which were used, in the construction of a hotel belonging to the hotel company, and to have the amount due declared to be a lien on the hotel premises, and to have the same sold to satisfy the lien. In the court below, judgment was rendered as follows: “ This cause, coming on regularly to be tried, ....…

1Opinion of the Court

Foote, C.

— As it appears to us, the notice of appeal-in this action was intended to embrace only that part of the judgment of the court below which affected the plaintiffs in adjudging that “ they take nothing against the defendant the San Luis Hotel Company, and that their complaint, in so far as it seeks to foreclose a lien, be and the same is hereby dismissed out of this court,” and “ that the defendant the San Luis Hotel Company do have and recover from the plaintiff its costs and disbursements now taxed at $20.25.” It was not intended to include in the notice any appeal from that portion…

2Cases cited3 opinions

  1. Dingley v. GreeneCalifornia Supreme Court · 1880
  2. Davis v. BullardSupreme Court of Kansas · 1884
  3. Seaton v. ChamberlainSupreme Court of Kansas · 1884

3Cited by10 opinions

  1. Willamette Steam Mills Lumbering & Manufacturing Co. v. Los Angeles College Co.California Supreme Court · 1892
  2. French v. PowellCalifornia Supreme Court · 1902
  3. Kerckhoff-Cuzner Mill & Lumber Co. v. OlmsteadCalifornia Supreme Court · 1890
  4. General Fire Extinguisher Co. v. ChaplinMassachusetts Supreme Judicial Court · 1903
  5. Wills v. ZanelloOregon Supreme Court · 1911

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