West Coast Lumber Co. v. Newkirk
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtThornton, J.
Action to foreclose the lien of a material-man.
Judgment for plaintiff. Motion for a new trial by the defendant Roberts, which was denied. Appeal by the same defendant from the judgment and order denying a new trial.
Defendant Roberts demurred to the complaint, The demurrer was overruled.
It is argued that the court below erred in so ruling.
It is said on behalf of appellant that there is no averment in the complaint that there was a statement in the claim of lien filed that the reputed owner of the fee was not known, and for this reason the demurrer should have been sustained.
It is provided in…
2Cases cited4 opinions
- Landis v. TurnerCalifornia Supreme Court · 1860
- Moore v. JacksonCalifornia Supreme Court · 1874
- Phelps v. Maxwell's Creek Gold Mining Co.California Supreme Court · 1874
- Fuquay v. StickneyCalifornia Supreme Court · 1871
3Cited by36 opinions
- Mulcahy v. BuckleyCalifornia Supreme Court · 1893
- McClain v. HuttonCalifornia Supreme Court · 1900
- Title Guarantee Co. v. WrennOregon Supreme Court · 1899
- Brandt v. KroghCalifornia Court of Appeal · 1910
- Harlan v. StufflebeemCalifornia Supreme Court · 1891
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