Legal Opinion

Weldon v. Superior Court

California Supreme Court

Decided January 27, 1903No. L.A. No. 1268PublishedCited by 14 opinions

WRIT OF REVIEW from the Supreme Court to the Superior Court of Los Angeles County. N. P. Conroy, Judge. The facts are stated in the opinion.

1Opinion of the Court

CHIPMAN, C.

Writ of review. James Swinford, as a materialman, brought an action against Edward Maher, as owner, and W. H. Weldon, as contractor, to enforce a lien on a certain lot for material furnished in the construction of a building belonging to Maher.

At the trial, and to make the complaint conform to the proof of the fact, the court allowed plaintiff to amend by alleging that on July 9, 1901, he duly served on the owner personally the statutory notice, under section 1184 of the Code of Civil Procedure, that he had furnished said materials to the contractor, which were of the value of $84,…

2Cases cited4 opinions

  1. Bates v. County of Santa BarbaraCalifornia Supreme Court · 1891
  2. Bianchi v. HughesCalifornia Supreme Court · 1899
  3. First Nat'l Bank of Bridgeport v. Perris Irrigation Dist.California Supreme Court · 1895
  4. Miller v. CarlisleCalifornia Supreme Court · 1899

3Cited by14 opinions

  1. A-1 Door & Materials Co. v. Fresno Guarantee Savings & Loan Ass'nCalifornia Supreme Court · 1964
  2. Calhoun v. Huntington Park First Savings & Loan Ass'nCalifornia Court of Appeal · 1960
  3. Rogers v. WhitsonCalifornia Court of Appeal · 1964
  4. T. F. Korherr v. A. J. Bumb, Trustee in Bankruptcy of Mallard Pond Builders, Inc., BankruptCourt of Appeals for the Ninth Circuit · 1958
  5. Diamond Match Co. v. SilbersteinCalifornia Supreme Court · 1913

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