Gibbs v. Tally
California Supreme Court
APPEAL from Superior Court, Los Angeles County; Waldo M. York, Judge. Action by William H. Gibbs against Mary A. Tally and another. Judgment for plaintiff. Defendants appeal. Modified and affirmed.
1Opinion of the Court
CHIPMAN, C.
Action to recover damages from the owner of a building for failure to compty with section 1203 of the Code of Civil Procedure relating to liens of mechanics and others. Plaintiff had judgment, from which defendants appeal on the judgment-roll, including a short bill of exceptions.
1. Appellants challenge the constitutionality of the above section of the code. The question has been recently decided here adversely to appellants’ contention: Carpenter v. Furrey, 128 Cal. 665, 61 Pac. 369.
2. Appellants contend that a sufficient bond was filed. A bond did in fact accompany the contract,…
Also in this document: Per curiam.
2Cases cited3 opinions
- Melone v. RuffinoCalifornia Supreme Court · 1900
- Carpenter v. FurreyCalifornia Supreme Court · 1900
- Brentnall v. MarshallCourt of Appeals of Kansas · 1900
3Cited by2 opinions
- American Indemnity Co. v. Burrows Hardware Co.Court of Appeals of Texas · 1917
- Erickson v. RussNorth Dakota Supreme Court · 1911