Coss v. MacDonough
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Alameda and from an order denying a new trial. The claim of lien of the plaintiff Samuel N. Grubb was dated December 13, 1892, and was for a balance of account then claimed to be due and unpaid for labor before that time performed and materials furnished in the construction of the building. The claim was verified December 15, 1892, and was filed April 19, 1893, nine days after the completion of the building.
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Appeal from a judgment of the Superior Court of the county of Alameda and from an order denying a new trial. The claim of lien of the plaintiff Samuel N. Grubb was dated December 13, 1892, and was for a balance of account then claimed to be due and unpaid for labor before that time performed and materials furnished in the construction of the building. The claim was verified December 15, 1892, and was filed April 19, 1893, nine days after the completion of the building. Further facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
This appeal involves the correctness of a judgment in three consolidated actions for the foreclosure of liens against the property of the defendant MacDonough for materials furnished and labor performed in the construction of a building upon certain property of his, situate in the city of Oakland, and described in the complaints. Defendant appeals from the judgment. It is first insisted that some of the claims of lien were prematurely filed, and that others were filed too late. The court found as a fact that the building was completed April 10,1893, and if that finding has support in the…
2Cases cited3 opinions
- Yancy v. MortonCalifornia Supreme Court · 1892
- Willamette Steam Mills Co. v. KremerCalifornia Supreme Court · 1891
- Davies Henderson Lumber Co. v. GottschalkCalifornia Supreme Court · 1889
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- Wilcox v. ClowardUtah Supreme Court · 1936
- Asnon v. FoleyCalifornia Court of Appeal · 1930
- Lichty v. Houston Lumber Co.Supreme Court of Colorado · 1907
- Olson-Mahoney Lumber Co. v. Dunne Investment Co.California Court of Appeal · 1916
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