Barber v. Reynolds
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 11th day of April, 1866, the defendants Reynolds & Washburn leased of Perrine & Walker a lot in San Francisco for the term of fifteen years, and entered into possession under the lease.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 11th day of April, 1866, the defendants Reynolds & Washburn leased of Perrine & Walker a lot in San Francisco for the term of fifteen years, and entered into possession under the lease. The lease contained covenants by which the lessees mortgaged to the lessors any improvements they placed on the lot to secure the rent, and it further allowed the lessors, in case of default in the payment of the rent, to re-enter and take possession of the premises and improvements, and provided that in such…
1Opinion of the Court
By the Court, Sawyer, J. :
Action to enforce a mechanic’s lien. Upon filing the complaint, plaintiffs obtained a preliminary injunction to restrain the removal of the building erected upon leased premises, upon which they claimed a lien. Defendants demurred on various grounds, and gave notice of motion to *501dissolve the injunction upon the pleadings. Afterwards, but within the time allowed plaintiffs to amend, as of course, by the sixty-seventh section of the Practice Act; they prepared and presented to the Judge an amended complaint, and he thereupon made an order “ that said amended complaint…
2Cases cited1 opinion
- Bullock v. BoydNew York Court of Chancery · 1840
3Cited by35 opinions
- Russell v. RammCalifornia Supreme Court · 1927
- Kelly v. McKibbenCalifornia Supreme Court · 1880
- Collins v. ScottCalifornia Supreme Court · 1893
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Kentfield v. HayesCalifornia Supreme Court · 1881
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