Legal Opinion

Giant Powder Co. v. San Diego Flume Co.

California Supreme Court

Decided January 29, 1889No. 12721PublishedCited by 29 opinions

Appeal from a judgment of the Superior Court of San Diego County. The facts are stated in the opinion of the court.

1Opinion of the CourtThornton, J.

— This is an action to enforce the lien of a material-man.

The complaint was demurred to by the San Diego Flume Company, on various grounds. The demurrer was sustained, and plaintiff declining to amend, judgment was entered against it. From this judgment the plaintiff appeals.

It is argued here on behalf of the demurrant that, as alleged in the complaint, the claim of lien was prematurely filed, and therefore that the complaint does not state facts sufficient to constitute a cause of action against the San Diego Flume Company.

It is alleged in the complaint that one Joseph John-drew contracted…

2Cases cited2 opinions

  1. Southern California Lumber Co. v. SchmittCalifornia Supreme Court · 1888
  2. Pfister v. DasceyCalifornia Supreme Court · 1884

3Cited by29 opinions

  1. Chicago Lumber Co. v. DouglasSupreme Court of Kansas · 1913
  2. George H. Sampson Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1909
  3. Barker & Stewart Lumber Co. v. Marathon Paper Mills Co.Wisconsin Supreme Court · 1911
  4. Kellogg v. HowesCalifornia Supreme Court · 1889
  5. Johnson v. StarrettSupreme Court of Minnesota · 1914

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