South Fork Canal Co. v. Gordon
U.S. Circuit Court for the District of California
Motion for entry of a decree to carry into effect the mandate of the supreme court upon an appeal. This suit was in the nature of a bill in equity by George Gordon against the South Fork Canal Company, and others, to enforce a lien, claimed under the statutes of California, for labor and materials furnished by the eom-plaiuant in the construction of that portion of the company’s canal which extended from section seventeen to section twenty-five inclusive; a distance of about…
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Motion for entry of a decree to carry into effect the mandate of the supreme court upon an appeal. This suit was in the nature of a bill in equity by George Gordon against the South Fork Canal Company, and others, to enforce a lien, claimed under the statutes of California, for labor and materials furnished by the eom-plaiuant in the construction of that portion of the company’s canal which extended from section seventeen to section twenty-five inclusive; a distance of about nine miles. On March 16,1S53, the complainant and one Kin-yon contracted with the South Fork Canal Company, for the…
1Opinion of the CourtFiedd, Circuit Justice
(after reciting previous proceedings and determining the amount for which a lien might be decreed). The more important question for determination is whether the lien shall be declared to extend upon the entire line of the canal, and be enforced against the whole, or be declared to exist upon the sections actually constructed under the contract, and be enforced only against that portion.
In the interlocutory decree a lien was only declared to exist upon the sections named. Our attention in considering the case had been especially directed to the question of the existence of any lien, and little…
2Cases cited2 opinions
- Reynolds v. HarrisCalifornia Supreme Court · 1860
- Troublesome, on the demise of Dougherty v. EstillCourt of Appeals of Kentucky · 1809
3Cited by6 opinions
- Singly v. WarrenWashington Supreme Court · 1898
- PSM Holding Corp. v. National Farm Financial Corp.District Court, C.D. California · 2010
- Cavanaugh v. WilsonCourt of Appeals of Kentucky · 1900
- Robinson v. Alabama & G. Manuf'g Co.U.S. Circuit Court for the Northern District of Georgia · 1894
- Smith v. FrankThe Superior Court of New York City · 1864
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