Legal Opinion

Santa Cruz Portland Cement Co. v. County of Santa Clara

California Supreme Court

Decided August 2, 1923No. S. F. No. 10394Published

The facts are stated in the opinion of the court. Morrison, Dunne & Brobeck, Louis Oneal, Wm. F. James and J. F. Shuman for Appellants.

1Opinion of the CourtWilbur, C. J.

The appellants in this ease concede that the judgment of the trial court is correct and must be affirmed unless we overrule the decision of Slayden v. O’Dea, 182 Cal. 500 [189 Pac. 1066], to the effect that a stop notice under section 1184 of the Code of Civil Procedure does not apply to work done in grading a public highway. That decision has been frequently referred to and followed in subsequent decisions and has resulted in an amendment to section 1184 of the Code of Civil Procedure. (Stats. 1921, p. 144; Hunt v. Empire Securities Co., 50 Cal. App. 43 [194 Pac. 744] ; Cotton-Macauley Co.…

2Cases cited5 opinions

  1. County of Sutter v. Superior CourtCalifornia Supreme Court · 1922
  2. Slayden v. O'DeaCalifornia Supreme Court · 1920
  3. McMorry v. Superior CourtCalifornia Court of Appeal · 1921
  4. Hunt v. Empire Securities Co.California Court of Appeal · 1920
  5. Cotton-Macauley Co. v. DeshieldsCalifornia Supreme Court · 1922

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